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Judgment Enforcement – The Step-by-Step Course
2004 Exam is free, and it is served by mail! And, there is bankruptcy case law that says
these 2004 Exams can be used as a “fishing expedition.”
Another point should be kept in mind. When a JD files bankruptcy, he usually gets an
inexpensive attorney, paying him or her $800 to $1800 to 1) help prepare the bankruptcy
petition, and 2) to be present at the 341 meeting of creditors.
If you file for a Rule 2004 Exam, it will mean that the JD has to pay
more to the attorney, maybe get a new attorney, or drop out of
bankruptcy altogether.
I’m not suggesting using this as a strategy against an honest debtor.
When I have an honest debtor, I often back off. But when there is a
dishonest debtor, I’ll do whatever I think is necessary to defend the
judgment.
SPECIAL NOTE: If you are in Northern California, there is recent case law that
says you, as the assignee, are not entitled to oppose a bankruptcy by yourself it is
through rule 523 or 727. You’ll have to use an attorney.
* * *
Next, a few Federal Laws you should also know.
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