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Garnishments/Judgement but Collector has gone Bankrupt

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  • Garnishments/Judgement but Collector has gone Bankrupt

    > A judgement has been issued against me from Mann Bracken LLC that filed
    > for Chaper 11 but through my research the courts ordered Chapter 7 at the
    > end of December 2009. My judgement was not signed until the first week in
    > January of 2010. Is there anything that I can do? I contacted the court
    > house to pay the judgement but they said that I have to pay the creditor
    > directly. Not the original creditor but the Mann Bracken or whom ever is
    > representing Mann Braken. The State clerk does not know how to handle my
    > case because this is the first case that she has seen like this. However,
    > I cannot pay them because their company is no longer open for business.
    > What can I do about the judgement?

  • #2
    Re: Garnishments/Judgement but Collector has gone Bankrupt

    From the information which you have provided, I gather that you have to pay amount to Mann Bracken LLC which is under bankruptcy. In this, in the Bankruptcy under Chapter 7 you will be included in the list of debtors and you will have to pay as per court direction. Therefore, you can write a letter to Mann Bracken LLC expressing that you are ready to pay to Mann Bracken LLC. As it is under bankruptcy, therefore, you can be included in debtors list and you will pay like other debtors when you receive directions from court.

    AFF

    Comment


    • #3
      Re: Garnishments/Judgement but Collector has gone Bankrupt

      Continuing reports of a Mann Bracken bankruptcy are simply wrong. On 20 November 2009, Axiant, LLC filed bankruptcy (case no. 09-14118-mfw, United States Bankruptcy Court for the District of Delaware). Since this filing, a number of individuals have incorrectly asserted that Mann Bracken filed bankruptcy.

      Mann Bracken, LLC became Mann Bracken, LLP a few years ago. Mann Bracken, LLP has NOT filed bankruptcy as of 11 February 2010. Mann Bracken, LLP has been reported to have ended all operations in December 2009 or January 2010. Additionally, it has been extensively reported that Mann Bracken has indicated its intention of eventually filing bankruptcy. Again, as of 11 February 2010, Mann Bracken has NOT filed bankruptcy.

      It is most likely that any judgment entered is in the name of a creditor rather than Mann Bracken; Mann Bracken is simply the plaintiffs’ attorney. If a judgment debtor cannot get a response from Mann Bracken, the judgment debtor should deal directly with the judgment creditor.

      One potential option would be for the judgment debtor to file a motion to (1) vacate the judgment and (2) dismiss the case with prejudice. Most of these cases are small claims and the courts have more informal procedures for small claims. Regardless of the jurisdiction, a copy of any such motion must be served by mail on the attorney (i.e., Mann Bracken) for the plaintiff/creditor. Although regular mail is acceptable, the smarter option would be to mail a copy of the motion with a confirmation of delivery. The debtor will be able to printout a confirmation of delivery from the USPS web site. Courts may grant the motion if there is no response in opposition. Courts could also schedule a hearing or simply deny the motion.

      Good luck!!

      [The above is NOT legal advice. Any individual named in a lawsuit should seek the advice of an attorney licensed in the individual’s state. Court procedures vary greatly from one state to another.]

      Comment

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