Posted by Glen (OH) on August 05, 2011 at 13:33:41:
I bought a small judgment ($1,200) a couple of years ago from a local mobile home park. The debtors bought a stick built home and bailed out of the park owing a few months? rent which the park obtained a judgment for. I filed with the clerk of courts and placed a lien on the new home. I recently decided to try to collect on the judgment since both the husband and wife are employed and I could begin garnishment proceedings if they didn?t want to pay up voluntarily. Yesterday I checked the local bankruptcy filings and found that they had filed chapter 13 in March and had reaffirmed the home loan. The bankruptcy was finalized a couple of weeks ago.
I checked the creditors list and neither the original creditor or myself was listed. This is why neither of us was notified by the court.
My question is am I still a bona fide creditor? And if so is it by the fact that I wasn?t listed as a creditor or that my lien was against the home which they reaffirmed?
Re: After chapter 13…Am I still a creditor? - Posted by John Merchant
Posted by John Merchant on August 06, 2011 at 23:16:10:
I’d have a chat with a local BK atty and see if he/she can’t file a
response with the court telling court about your debt.
That would effectively reopen the case which really isn’t closed while
D is making payments on a 13 plan.
Also you can look on www.pacer.gov and see the entire file in that
court so pull it up and have a look at it to see what D told the court
about his debts before you talk to the lawyer.
As I understand it in NY you are still a creditor although they could reopen the case and get rid of your claim but since it was attached to the house before they filed it is still attached to the house and if and when they sell it they would have to deal with your judgment.That being said all I know is what I deal with in NY and I am not an attorney but check with your title company and ask what they would do if they were being asked to insure it at a closing with that judgment sitting there
Posted by Glen (OH) on August 08, 2011 at 19:58:25:
John,
Thanks for the info. I checked on Pacer and found out that the bankruptcy was DISCHARGED in May. I checked the docket on the original suit and the judgment is certainly there. I think the debtor failed to list the judgment as a debt when filing the Chapter 13.
I will take your advice and consult a BK attorney before I take any further action. This will clear up my position and make sure I don?t run afoul of the FDCPA.
Glen (OH)