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I filed for bankruptcy chapter 7 in California 2004 – can I file motion to reopen?
I filed for Bankruptcy in California in 2004. I have just found out when trying to refinance that there is an abstract judgment filed in 2001 in Orange County. 2 part question, Should/Can I file a motion to re-open the chapter 7 and try to include the judgment and have removed? approx cost? The judgement was for $3,500. I need the lowest cost option to remove the abstract judgment/lien.
Do I have any recourse on my title insurance because I wasn’t aware when I purchased my home in 2008 there was an outstanding judgment and was under impression the BK included everything? (The BK was due to medical emergency at the time, orginal BK attorney no longer has paperwork)
Yes, you CAN file a motion to reopen the bankruptcy so you can file amended Schedules.
However, you may not need to. In some Federal Circuits — and I think the 9th Circuit is one of them — there were appeals court rulings at the time which said that even if a debt was inadvertently omitted from the bankruptcy Schedules, it was still discharged.
Since your case pre-dates the 2005 Bankruptcy Reforms passed by Congress, whatever was the law at the time would apply to your case (since BAPCPA in 2005, inadvertently omitted debts are NOT automatically discharged, but prior to that they were in some Federal Circuits).
Your best bet is to contact your bankruptcy attorney — If your bankruptcy attorney “no longer has the paperwork” (which s/he SHOULD) s/he can get a copy of it from PACER. This still relates to the case you filed, and the attorney who filed it (unless no longer practicing law) should still answer your questions.
If that is not possible, pony up a few bucks for a review of your case by another bankruptcy attorney in your local area. I think there is a good chance that this judgment was already discharged — but you need to have that verified by somebody actually licensed to practice law (and familiar with bankruptcy law going back to before BAPCPA) in your State.
bankruptcy abstracts
The Limitations of Canadian Pardons
If you are looking to get a pardon for your criminal offence(s) in Canada, you may wish to know some of the limitations associated with pardons.
Entering the United States
The most important limitation of pardons you ought to be aware of is that a pardon will not clear your entry into any country that is already aware of your criminal record. The United States in particular does not recognize the Canadian Pardon. If you have been denied entry to the United States because of your criminal record, or if the U.S. Customs and Border Protection agency is otherwise aware of your criminal record, they will not recognize your Canadian pardon.
In order to regain entry to the U.S. after being denied or deported from that country, you will require a U.S. Entry Waiver. The entry waiver, alternatively known as an I-192 Application for Advanced Permission to Enter as a Nonimmigrant, is a legal document obtained from the US CBP which clears you to enter the United States for a period of up to five years. If you would like more info on waivers, here is some suggested reading.
Other limitations
A pardon will not clear your Driver’s Abstract. This record does not fall under the Criminal Records Act (CRA) and therefore the Clemency and Pardon Board has no power to affect these records. You will have to contact the Insurance Corporation of your province for remedies.
A pardon will not clear a record of bankruptcy, even when associated with a fraud conviction. Court ordered restitution and fines are not cleared by bankruptcy and remain an obstacle to Pardon Eligibility for up to 15 years, unless paid.
A pardon will not clear a driving or firearms prohibition order. These orders, although contained in your criminal record, also exists separately from your criminal record file. When you receive a pardon, your criminal record is cleared, including the prohibition order. However, the prohibition is also recorded in the firearms registry/motor vehicle records and these records persist even after you have received a pardon, until such a time as they duly expire. The good news is they also do not factor into your eligibility for a pardon. You can apply for a pardon even if you have an active prohibition order, so long as you meet the other requirements for pardon eligibility.
A pardon does not destroy court records. Instead, pardoned court records are held under seal, separate and apart in court archives.
A pardon carries certain restrictions when issued for sexual offences. In the interests of public safety, when a pardon is issued for a sexual-related offence, a flag is placed in police systems, including the Canadian Police Information Centre (CPIC). The flag is only disclosed in the event a Vulnerable Sector Search is conducted on a pardoned individual who has authorized such a search.
Organizations that involve children, elderly and/or mentally-incapacitated persons can apply for status as a member of the Vulnerable Sector. Anyone who applies to join such an organization must sign an authorization to complete a Vulnerable Sector Search. When a flag is returned, the organization can then request the pardoned individual to unseal their pardoned record for viewing. However, unless an organization has Vulnerable Sector status, a record search conducted on a pardoned individual with a sexual-related offence will show no criminal record.
Finally, a pardon will only seal convictions the Pardon and Clemency Board is made aware of at the time of consideration. If a certain conviction in a court or local police is not reported to the NPB, it will not be included in the pardon. In this case, a separate pardon application will have to be made for this conviction. By using the professional services of a company such as Express Pardons, you ensure this will not happen.
Feel free to leave a comment below and I will be happy to respond. Otherwise, if you would like more information on this and other subjects, you may wish to visit my blog.
About the Author
Jared Church is an RCMP accredited member of the Paralegal Society of Canada and a leading expert in the field of Canadian criminal record systems, Canadian Pardons, U.S. Entry Waivers, record purges and similar legal matters in Canada. Email Jared your questions at info@ExpressPardons.com
For more information on the author’s firm, visit www.ExpressPardons.com
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