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    dr618's Avatar
    dr618 Posts: 20, Reputation: 1
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    #1

    Jul 9, 2008, 09:17 AM
    Can bankruptcy stop a stipulation
    I was recently sued and lost and I am paying every month in a stipulation. I have to keep paying this amount for 4 months and after that, they will want the full amount which I can't afford. I am thinking of filing for Chapter 7, I know that bankruptcy could stop judgements, but can it stop a stipulation agreement?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jul 9, 2008, 09:21 AM
    Welcome to AMHD. Yes it can; and to the extent that the creditor has a judgment lien, you will need to file a motion to avoid the judgment lien, even with the discharge of debts you will receive. Check this: Bankruptcy Chapter 7 Personal Consumer Creditors File
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    dr618 Posts: 20, Reputation: 1
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    #3

    Jul 9, 2008, 09:38 AM
    Right now they told me a judgement was entered but not enforced, if I were to miss payments it will be. I know that after the 4 months if they are not willing to re-negotiate with me, they will want the full amount and I cannot pay it
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jul 9, 2008, 09:42 AM
    No question that debts can be discharged, but judgment liens are not; the debtor (counsel) must file a motion to avoid any judgment liens, a necessary technicality to get rid of the creditor.
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    dr618 Posts: 20, Reputation: 1
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    #5

    Jul 9, 2008, 09:51 AM
    Thanks so much George, if that should happen, and I do want to file, how would I go about doing that so this can be discharged, I am not familiar at all with the legal system.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #6

    Jul 9, 2008, 10:58 AM
    I don't recommend you do this yourself; have a competent attorney represent you. Here is a form: SAMPLE FORM INDEX <a href="#2">Sample Form 1:</a> <a href="#2">Notice of <b style="color:black;background-color:#ffff66">Motion</b> for Abandonment and Relief from Stay</a>

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