Page 191 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

You get the idea. And if you want to look at all of them (called “Exceptions to

Discharge” Google “Rule 523 Bankruptcy”.

The Bankruptcy Petition
In order to file bankruptcy, your debtor had to file a Bankruptcy Petition. That is where
the debtor stated all his assets—including bank accounts, cars, homes, jewelry, and so on.
You can see your JD’s bankruptcy petition online at HThttp://pacer.psc.uscourts.gov/TH.
This is one of the sites I recommended earlier. If you haven’t signed up yet, you’ll need to.

You’ll get a login and password. Click on “Bankruptcy Courts” and put in the debtor’s
name or case number. You’ll be able to see the petition and all the other creditors he owes
money to.
Look the petition over carefully. It’s broken into parts, called “Schedules”, A to J:

• Schedule A lists real estate.
• Schedule B lists all personal property. SECURED
• Schedule C lists the exemptions allowed under the CREDITOR:
applicable state or federal law.
• Schedule D lists all secured creditors. A CREDITOR WITH A
• Schedule E lists all priority creditors. DEBT THAT IS SUBJECT
• Schedule F lists all unsecured creditors. TO COLLATERAL OR A
• Schedule G lists all Executory Contracts/Leases. LIEN.
• Schedule H lists any co-debtors. EXAMPLE: HOME LOAN –
• Schedules I & J list the debtor’s income and expenses. HE STILL OWES THE
MONEY. LINE: OUR
Oops. Maybe the JD “forgot” about his collector Corvette. Or PROPERTY LIENS MAY
his second home in Tennessee. I had a JD once who “forgot” all SURVIVE IF DOWN FOR
about the bank account I found at Zion Bank in Salt Lake City. 90 DAYS.

One JD I had claimed to be unaware of the 1+ million dollar SEC
judgment for fraud that had been assigned to me. (“Huh? Jeeze.
Wow! No idea. Man, how did that happen?”)

➢ Maybe your judgment actually says “FRAUD” or “MISREPRESENTATION”
in the judgment itself. If so, you may well be able to get the judgment excluded
from any discharge.
➢ Maybe your judgment resulted from a suit for fraud, but it was a default
judgment which rarely says “fraud” in it. If it really was fraud, and you can
prove it, you can bring an “adversary proceeding” within the bankruptcy court.
It’s really a new lawsuit. Not for the faint of heart, though. Yes, I’ve done those,

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