QUESTION

Are judgments dischargeable under chapter 7 bankruptcy?

Asked on Dec 22nd, 2016 on Bankruptcy - Nevada
More details to this question:
N/A
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6 ANSWERS

Yes, regular and/or standard judgments can be discharged. Judgements based on fraud, embezzlement, theft, dishonesty, breach of a fiduciary duties, etc., and criminal fines and restitution judgments may not be dischargeable.
Answered on Feb 22nd, 2017 at 4:39 PM

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As usual with legal matters, everything is a bit more complicated than it at first appears. In most states, a properly docketed judgment creates a lien (a kind of security interest) on the real estate the judgment debtor owns or acquires in the next ten years. Bankruptcy discharges the underlying debt, but without more, the lien remains in place. The good people of Wisconsin passed a law about 35 years ago which says that if a debtor discharges the underlying obligation in his/her bankruptcy, then he or she can go through some hoops and ask the state court (remember that bankruptcy is generally a federal matter) to 'satisfy' the lien-which has the effect of wiping it away. Retaining an experienced bankruptcy lawyer is almost always a good investment.
Answered on Feb 17th, 2017 at 5:05 PM

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Most civil judgments are dischargeable, but criminal fines, restitution, and personal injury related to a DUI are not. You should consult with an attorney if you're not certain.
Answered on Feb 17th, 2017 at 5:05 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Most civil judgments - car accidents (unless drunk/impaired driving), debt collections, landlord-tenant disputes, contract disputes, etc. are dischargeable under Chapter 7 bankruptcy. The major exceptions are fraud, drunk/impaired driving and some types of taxes. Criminal judgments - fines for traffic tickets and cash penalties for major crimes are not dischargeable.
Answered on Feb 17th, 2017 at 5:05 PM

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Yes, most judgments are discharable. The exceptions would be those which require criminal restitution.
Answered on Feb 17th, 2017 at 5:05 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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As a general rule, yes. But there are a number of exceptions. For example, if the judgment is for a priority debt or other debt not eligible to be discharged, such as a judgment related to any kind of criminal offense, then discharge is unlikely. And discharging the judgment will not, by itself, remove any judgment lien. You need experienced representation rather than a one size fits all online answer.
Answered on Feb 17th, 2017 at 5:03 PM

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