Legal Question in Credit and Debt Law in New York

My wife had a credit card company sue her. The Plantiff submitted a motion for summary judgement and a court date was set for July 20,2012. She submitted opposition paperwork to Plantiffs motion for summary judgement on July 18,2012.
According to the court records , the case was reviewed by the court on July 13,2012 and has a status of R.J.I in the notes. I cant find anywhere in the court notes the judge reviewed her opposition paperwork. The plantiff , having moved pursuant of cplr 3212 for the order granting the summary judgement in its favor against defandant and the said motion having been submitted on 08/09/2012.The judge granted an order of Sumary judgement in the plantiffs favor. She didnt receive the plantiffs paperwork submited on 08/09/2012.
--Does she have grounds to vacate the judgement for not receiving the plntiffs 08/09/12 paperwork?
-- If her opposition paperwork was not reviewed by the judge and she provides a copy of the paperwork with the date and time stamp from the court as proof , can she have the judgement vacated ?
--how can she file an appeal against the judgement and how much are the NYS court fees to file the appeal?
-- if she files for a bankruptcy chapter 7, will it erase this debt? How much would she have to pay in NYS court fees that are not covered by the chapter 7?

Asked on 1/11/13, 4:46 pm

Paula McGill Attorney at Law

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Regardless of the plaintiff's motion, when did she find out about the judgment?

Did she act quickly to vacate the judgment?

Why didn't she obtain the paper? Did she move without notifying the court?

She can do, among other things, try to have judgment vacated, pay the judgment, or file for bankruptcy.

Also licensed in New York.

Answered on 1/12/13, 2:40 am

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