QUESTION
Can a prior deficiency judgement be added in new bankruptcy? How?
Asked on Jun 22nd, 2015 on Bankruptcy - California
More details to this question:
I previously filed for BK 15 years ago. A deficiency judgment was granted by the Homeowners Association for a condo that I had owned and could not be included in the bankruptcy. I now have to file for bankruptcy again. Can I include the deficiency amount in my bankruptcy? The referenced item does not appear on my credit report however does appear when I search my name on the court system. I would like to clear my name with any attachments to it. I am hoping one day to purchase property again. I will be filing bankruptcy pro se due to no income. Any and all information is appreciated.
7 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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That would be a yes.
Answered on Aug 27th, 2015 at 7:03 PM
Include the debt in your new BK.
Answered on Jun 24th, 2015 at 1:54 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It sounds as if the judgment was discharged in the prior bankruptcy but it still appears on the court's records. Bankruptcy removes your liability for the debt, it doesn't expunge the court's records. Unless you have some strong reason to have a court record sealed (for example, stalking victims can have records sealed to avoid opening them to attacks, business secrets can be sealed to avoid giving an advantage to competitors, etc.), it will remain on the court's records forever.
Answered on Jun 23rd, 2015 at 1:48 PM
You not only can include any debt made after your previous bankruptcy, federal law says you MUST include ALL DEBT in a new bankruptcy. ALL DEBT is not a term that is hard to understand.
Answered on Jun 22nd, 2015 at 5:15 PM
Although a lot more details would be needed for a definitive answer, it sounds as if the judgment you are asking about would be dischargeable in bankruptcy.
Answered on Jun 22nd, 2015 at 3:59 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You certainly can list the deficiency judgment, and it's probably a good idea to do so. I don't know why you did not do so before, if the claim or judgment was already in existence. It is possible for an intelligent and meticulous person to file a relatively simple bankruptcy pro se, but if there is any way you can hire an experienced BR lawyer, it's really to your benefit.
Answered on Jun 22nd, 2015 at 3:48 PM
I think you mean a default judgment, a deficiency arises in certain foreclosure scenarios. All judgments except criminal restitution may be discharged in bankruptcy.
Answered on Jun 22nd, 2015 at 3:31 PM