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Any attorneys in here? (1 Viewer)

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NeverEnough

NeverEnough

Footballguy
Long story short, got a judgment against an ex-girlfriend back in 2007 for about $4k. She made a couple payments then never anything since. Fast forward to last month, my friend brought it up & it lit a fire under me to get my money back. I tracked her down & filed for a motion to enter default w/the court. Got the papers back from court saying motion date is March 2, 2018.

Here's the part where I do not know if I am SOL or not. She filed Chapter 7 in 2010, but did NOT include her debt to me in it. I received a letter from the attorney that handled that Chapter 7 for her saying even though it was not included, it still absolves her of owing me the money.

Any legal folks in here able to shed some light on it?

 
My professional legal advice:

if you loan someone money, don’t expect to get it back. If you do get it back, consider it a windfall. 

 
For Chapter 7 cases where no money is distributed to creditors, if you learn of a debt that was missed after the case was closed, do not panic.  Get in touch with your attorney and he can write to the creditor and tell them about your case, and point out that the debt is discharged even though it was not listed in the petition.  The courts have held this to be true because the creditor is not missing out on anything because no money was distributed, and it is better to declare the debt discharged than have cases reopened to add a creditor.

When you have a Chapter 7 case where some money was distributed to creditors, because a car or house was sold, or there was some non-exempt asset that was reduced to money, the debt is not discharged because the creditor has missed out on an opportunity to get a portion of the debt paid through the bankruptcy.  The same is true for a Chapter 13 case where a debt shows up after the case is over, because the creditor likewise missed out on getting some of the debt paid.

Link

 
Otis said:
My professional legal advice:

if you loan someone money, don’t expect to get it back. If you do get it back, consider it a windfall. 
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I'm the kind of ******* who would enjoy going after someone for a decade or two. Once I won the judgement, following up to get assets seized, wages garnished, whatever I could do. Forgive & forget? Eat my ###, I want my money.

 
Otis said:
My professional legal advice:

if you loan someone money, don’t expect to get it back. If you do get it back, consider it a windfall. 
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is "a judgement" code for non-repayment of a loan? Or are you just guessing? Serious question here. I don't know if "judgement" is just verbiage used on defaulted loans or if you are just assuming.

 
Magic_Man said:
Long story short, got a judgment against an ex-girlfriend back in 2007 for about $4k. She made a couple payments then never anything since. Fast forward to last month, my friend brought it up & it lit a fire under me to get my money back. I tracked her down & filed for a motion to enter default w/the court. Got the papers back from court saying motion date is March 2, 2018.

Here's the part where I do not know if I am SOL or not. She filed Chapter 7 in 2010, but did NOT include her debt to me in it. I received a letter from the attorney that handled that Chapter 7 for her saying even though it was not included, it still absolves her of owing me the money.

Any legal folks in here able to shed some light on it?
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It is likely the debt was discharged. If so, your lawsuit is technically in violation of the permanent injunction against collection of discharged debt. There is a small chance that the lack of notice gives you an argument, but to determine that would take some time and expense. 

 
a 7 is a liquidation too if i’m not mistaken.  nothing left here.  it’ll cost you more to follow up then to just write it off.

 
CletiusMaximus said:
It is likely the debt was discharged. If so, your lawsuit is technically in violation of the permanent injunction against collection of discharged debt. There is a small chance that the lack of notice gives you an argument, but to determine that would take some time and expense. 
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What kind of expense are we talking? I can't just call a local attorney & have them tell me yes or no?

 
Rattle and Hum said:
For Chapter 7 cases where no money is distributed to creditors, if you learn of a debt that was missed after the case was closed, do not panic.  Get in touch with your attorney and he can write to the creditor and tell them about your case, and point out that the debt is discharged even though it was not listed in the petition.  The courts have held this to be true because the creditor is not missing out on anything because no money was distributed, and it is better to declare the debt discharged than have cases reopened to add a creditor.

When you have a Chapter 7 case where some money was distributed to creditors, because a car or house was sold, or there was some non-exempt asset that was reduced to money, the debt is not discharged because the creditor has missed out on an opportunity to get a portion of the debt paid through the bankruptcy.  The same is true for a Chapter 13 case where a debt shows up after the case is over, because the creditor likewise missed out on getting some of the debt paid.

Link
Click to expand...
:goodposting:

Not an attorney, but used to work for a company that priced debt attached to bankruptcies.

If the case closed with no assets, it's done no matter what. If there were assets, had you been noticed of the bankruptcy and filed an appropriate claim, you would have shared pro rata in the payout to unsecured creditors.

Since you weren't noticed, it's possible you could have the case re-opened to claim your share (not sure how statute of limitations applies to this). The payouts would be recalculated and the creditors previously paid would need to return money to the estate. It would likely need to be a large estate for this to be worth your while.

Most Chapter 7 bankruptcies are without assets. You can find the case on LexisNexis and it will list the case as "Asset" or "No Asset". If it is Asset, you can purchase the documents filed to see what the payouts were.

Anyway, very little chance there is worth pursuing IMO.

 
Magic_Man said:
What kind of expense are we talking? I can't just call a local attorney & have them tell me yes or no?
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Yes, you could call a local bankruptcy lawyer to look into this for a few hundred bucks. I expect a 2010 case is still reviewable online, but don’t know for certain. The problem is that if the answer is yes, we can reopen and go after her, the cost/benefit is unlikely to be in your favor. 

 
TakiToki said:
:goodposting:

Not an attorney, but used to work for a company that priced debt attached to bankruptcies.

If the case closed with no assets, it's done no matter what. If there were assets, had you been noticed of the bankruptcy and filed an appropriate claim, you would have shared pro rata in the payout to unsecured creditors.

Since you weren't noticed, it's possible you could have the case re-opened to claim your share (not sure how statute of limitations applies to this). The payouts would be recalculated and the creditors previously paid would need to return money to the estate. It would likely need to be a large estate for this to be worth your while.

Most Chapter 7 bankruptcies are without assets. You can find the case on LexisNexis and it will list the case as "Asset" or "No Asset". If it is Asset, you can purchase the documents filed to see what the payouts were.

Anyway, very little chance there is worth pursuing IMO.
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Definitely not a large estate. She had nothing as she is a loser.

 
Besides bankruptcy issues, there may also be an issue related to your having to renew your judgment. Jurisdictions vary, but your judgment may have lapsed. 

 
All schtick aside, why even bother going after this. It was 11 years ago, and clearly she doesn't have the money and probably won't this time. In the meantime, it's going to cost you time and money to pursue this again.

And for what - spite? To try and stick it to her one more time? For money you will never get?

 
What sort of person seeks to get a judgment against an ex-girlfriend for $4000? 

Listen, for the small sum of $4000 this female will never darken your doorway again.  Money well spent. 

 
Magic_Man said:
What sort of person let's someone steal from them & walk away no questions asked?
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The sort that knows there is no such thing as 'fair', "justice", or a 'win" when it comes to ex'es, except to be free and clear of them.  She still owns you, and for what, money, and less money than you likely have pissed away on a Vegas weekend.

 
Just spoke to a local attorney and, as I feared, but expected, I'm SOL. Life goes on. Thanks to those that replied constructively.

 
Sry to hear, MM.

Now, while we have legal eagles gathered 'round, how do i go about suing Rush for decades of excessive excellence?

 
ChiefD said:
All schtick aside, why even bother going after this. It was 11 years ago, and clearly she doesn't have the money and probably won't this time. In the meantime, it's going to cost you time and money to pursue this again.

And for what - spite? To try and stick it to her one more time? For money you will never get?
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Spite is very underrated. Even if he doesn't collect a dime, he's inflicting some level of emotional stress.

 
McGarnicle said:
Spite is very underrated. Even if he doesn't collect a dime, he's inflicting some level of emotional stress.
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Tis true. She was telling me "Please leave me alone" once she learned I was coming after my money again and that I know where she lives etc. Plus now her husband knows who he really married.

 
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Magic_Man said:
Tis true. She was telling me "Please leave me alone" once she learned I was coming after my money again. Plus now her husband knows who he really married.
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I know you mentioned you're SOL legally, but see if you can find a shady collection agency to keep harassing her. Nowadays with social media and online background checks you can probably get the husband's cell# as well as friends & family's contact info. 

 
:lol:    :lol:    :lol:

Are there any attorneys in here?

That's like asking if anyone hates the Patriots outside of New England.

Are there any attorneys here...lol

 
McGarnicle said:
I know you mentioned you're SOL legally, but see if you can find a shady collection agency to keep harassing her. Nowadays with social media and online background checks you can probably get the husband's cell# as well as friends & family's contact info. 
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Yeah you don't want a criminal attorney. You want a criminal attorney. 

 
McGarnicle said:
I know you mentioned you're SOL legally, but see if you can find a shady collection agency to keep harassing her. Nowadays with social media and online background checks you can probably get the husband's cell# as well as friends & family's contact info. 
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I like you. :D

I already have his info, their address etc too.

 
McGarnicle said:
I know you mentioned you're SOL legally, but see if you can find a shady collection agency to keep harassing her. Nowadays with social media and online background checks you can probably get the husband's cell# as well as friends & family's contact info. 
Click to expand...
If she was discharged in Bankruptcy Court, that's a federal offense.

 
McGarnicle said:
That's what's great about Trump, it's pretty much open season on all kinds of shenanigans.
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The Trump administration will vigorously protect the rights of those discharged in bankruptcy proceedings, just as it vigorously protects the due process rights of those accused of domestic violence.  Some things are near and dear to his heart, you know.

 
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