Ask Experts Questions for FREE Help !
Ask
    earsula's Avatar
    earsula Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 26, 2009, 05:26 AM
    Bankruptcy law chapter 7
    I received a default judgment from the defendant in 2006. The complaint was based on fraud. The defendant filed bankruptcy in 2008. Can I still file a writ of garnishment against him considering that now I know where he works and live? I live in the state of Michigan, wayne county.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jun 26, 2009, 07:33 AM

    Was the Judgment listed on the Bankruptcy Petition and was the debtor discharged in Bankruptcy?

    If so, the Judgment is void/null/dead.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #3

    Jun 26, 2009, 10:40 AM

    As Judy pointed out, if the judgment was listed in the Chapter 7 bankruptcy paperwork you cannot proceed to ever collect from it now as it has been discharged in that proceeding. Sorry, you are too late now to do anything about it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Jun 26, 2009, 06:13 PM

    Under certain circumstances in some states a judgment can become a lien upon property owned by a judgment debtor. If such a lien was perfected prior to the bankruptcy it might be possible to enforce it now.

    You should check with an attorney about that.

    Also, claims based on fraud are nondischargeable in bankruptcy. So, if you were not listed in the bankruptcy schedules, you may be able to reopen the case and get the claim determined to be non-discharged. Again, ask an attorney in your area.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #5

    Jun 26, 2009, 07:14 PM
    Quote Originally Posted by AK lawyer View Post
    Under certain circumstances in some states a judgment can become a lien upon property owned by a judgment debtor. If such a lien was perfected prior to the bankruptcy it might be possible to enforce it now.

    You should check with an attorney about that.

    Also, claims based on fraud are nondischargeable in bankruptcy. So, if you were not listed in the bankruptcy schedules, you may be able to reopen the case and get the claim determined to be non-discharged. Again, ask an attorney in your area.

    OP is in Michigan and I already asked if this debt was listed. Do you have the site for Bankruptcy in Michigan which will be helpful?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Bankruptcy (Chapter 11) [ 1 Answers ]

The Debtor who filed BK Chapter 11, an order was entered DISMISSING by the BK court, DO YOU THINK THE DEBTOR CAN RE-APPLY AGAIN OR APPLY OTHER CHAPTER?

Chapter 13 Bankruptcy [ 1 Answers ]

If you are in a Chapter 13 Bankruptcy making payments, can you withdraw from your 401 k plan to pay this off in full. What is the penalty for doing this as far as IRS is concerned?

Chapter 13 Bankruptcy [ 1 Answers ]

Can I contribute to my 401K after filing Chapter 13 bankrupcty?

Chapter 13 bankruptcy [ 2 Answers ]

May Have To Do A Chapetr 13 To Safe My House I Have Spoken To A Lawyer About All This But What Gets Me Is I Still Have To Pay My 1500.00 Morg Which I Just Can't Do And That's What Got Me Into This Mess In The First Place. We Have Been In This House 10 Years Now And Did A Refi 4 Years Ago.it...

Bankruptcy (Chapter 7) Do it yourself? [ 1 Answers ]

Hello all, newbie here. Here's my 'story' and I have several questions... I am a single mom with a ton of debt. Thankfully, NONE of this is credit cards or the like. It is 80% medical bills, and the other 20% is unpaid utilities and bank fees from overdraft accounts. I have called several of...

View more questions Search