Legal Question in Bankruptcy in New York

Re: Judgement added to Chapter 7

It has been more than 60 days since....your case was reopened? You petitioned the court for something? your meeting of creditors? the judge ordered the addition of the missed creditor?

You (or your attorney) will receive correspondence from the Court when something happens in your case. If you are represented in this matter by an attorney, contact him/her to determine the status of your case. If you are not represented by an attorney, call the bankruptcy court clerk's office to determine the status of your case. The bankruptcy court clerk cannot give you legal advice, and they will not talk directly to you if you have an attorney representing you.

The judgment, depending on when it was filed with the County Clerk in relation to the reopening of your bankruptcy petition, may actually survive the bankruptcy and stay on your credit record for at least one year after the debt you owe the creditor is discharged (assuming it is discharged). After that time (not before), you may petition the NY STATE supreme court in the county where the judgment was filed (not the bankruptcy court) to vacate the judgment.

The judgment will kill your credit for that year, but the judgment holder cannot come collecting on the judgment if the underlying debt is discharged.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.