Post Judgment Bankruptcy

Question:
For a long time I have been fighting off a couple of credit card accounts that were turned over to collection attorneys. They filed suit and I counterclaimed...and to make a long story short, both collector attorneys obtained judgments (The combined amounts are now over $50K with fees and accumulated interest). One of them is getting nasty and has already had served a Supplemental Order from the court, demanding that my wife and I appear to answer questions under oath about our assets (they must assume we have lots of assets). In reality most of my "stuff" would fall under the exemption statutes of our state. However, I don't really want these judgment creditors to be dogging me forever and dragging me back to court if and when they discover that I have a new job or am making more money, so we are considering C7. If both judgment creditors have judgments and one of them has already filed a lien, (and I suspect that the other one will file shortly) will my petition stay any execution on those liens and will my BK petition stop the requirement for us I show up at court on that Supplemental Order to answer questions about our assets? To set aside the judgments and liens, are motions required to be filed in bankruptcy or is the petition sufficient? I have written some legal paperwork for my defenses in these cases so I do have some experience in writing motions. I may have been able to win in our counterclaim but we had a tragic turn of events that prevented me from continuing on with the countersuits...that is how the creditors' attorneys got the judgments (they may have gotten them anyway...who knows). At this point I am too exhausted with these things to keep fighting them...and I'm out of resources. I guess I need know if a cookie cutter petition would be sufficient for our situation? We only have these two things that are problematic. Those two judgments are the only things that make filing a C7 quickly important to us. The only other loans is our mortgage and a car. Any help would be greatly appreciated.

Answer:
> If both judgment creditors have judgments and one of them has already filed > a lien, (and I suspect that the other one will file shortly) will my > petition stay any execution on those liens and will my BK petition stop the > requirement for us I show up at court on that Supplemental Order to answer > questions about our assets? Yes as to both. > To set aside the judgments and liens, are motions required to be filed in > bankruptcy or is the petition sufficient? You need to file motions to avoid liens. > I guess I need know if a cookie cutter petition would be sufficient for our > situation? We only have these two things that are problematic. Those two > judgments are the only things that make filing a C7 quickly important to us. > The only other loans is our mortgage and a car. Given that there are two lawyers and that you've had a contentious proceeding, I certainly do *not* recommend doing this yourself.





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