What doI need to do to overturna judment granted afterI filed for bankruptcy?

I filed bankruptcy on 7/23 and a final judgement was issued on 7/26; the automatic stay was already in place.

Asked on July 30, 2010 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with a an attorney about the possibility of amending your bankruptcy petition to include the judgement creditor that obtained the judgement on 7/26.  The timing of everything is very close but the issue comes down to notice to the court of the stay, which they obviously did not have or they would have not issued the judgement, and if the judgement could be vacated on that ground.  But if you are going to amend the petition to add them then it ma not matter.  What you need to do is to make sure that they do not do anything to collect on the judgement in the meantime.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.