I have a judgement on my credit reports, filed by Sears. It is dated 10/98. I filed my BK 11/5/98. I was told that if you file a BK within 30 days of a judgment being filed, they should have to remove that judgement. Any truth to that? Also, I know that I only had one Sears account, but the judgement shows up, and another line shows a Sears account as "included in BK", but the amounts are different... Whats that all about.
United States Code TITLE 11 > CHAPTER 5 > SUBCHAPTER II > Sec. 524 Sec. 524. - Effect of discharge (a) A discharge in a case under this title - (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived; 'nuf said? I filed a "Motion to Vacate Judgement" based on this Law!
Wow, interesting.... Do I file this motion to vacate with the court? Also, I contacted Sears to ask them about this, and they just played dumb, and asked me to send them a copy of my credit report, so they could see what it said. The woman I spoke to basically said that they have to remove it... But if they dont, I am running out to file that motion to vacate.... And all this time, I was wondering why my credit scores were so much lower than all these people who declared BK after I did... Two public records hurt alot more than just a BK...
