QUESTION
Can I declare bankruptcy even if I have a judgement against me?
Asked on Dec 05th, 2012 on Bankruptcy - Florida
20 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Apr 11th, 2013 at 11:47 AM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
Absolutely.
Answered on Apr 11th, 2013 at 11:47 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Yes.
Answered on Apr 11th, 2013 at 11:41 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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That's a major reason people DO file.
Answered on Dec 11th, 2012 at 9:38 PM
Yes. A judgment will not prevent you from declaring bankruptcy. In addition, the debt that gave rise to that judgment can be eliminated in a bankruptcy.
Answered on Dec 10th, 2012 at 2:02 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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There are exceptions to the discharge (cancellation) of debt in bankruptcy, however, if collection upon your "everyday-dischargeable" debt (like debt for credit cards and medical services) has resulted in entry of judgment prior to a bankruptcy filing, then don't fear! The subsequent bankruptcy filing will still void the judgment and cancel the debt. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court in San Diego, only; this answer's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Dec 09th, 2012 at 7:18 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Generally yes, but it all depends on the type of judgment against you.
Answered on Dec 06th, 2012 at 12:49 PM
Yes, you can. Judgments can be discharged in bankruptcy. The exceptions to this rule are set forth in 11 U.S.C. Section 523 Exceptions to Discharge.
Answered on Dec 06th, 2012 at 12:18 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Yes.Civil judgments and other obligations like credit card debt and medical bills can be discharged in bankruptcy. If you own real property and an abstract of judgment has been recorded in the county where it is located, there will be a judgment lien against the property that will "ride through" bankruptcy if not removed, even if the obligation is discharged as to you personally. You should consult a local bankruptcy attorney and give him or her all the papers and information in connection with the lawsuit and the judgment, and ask about getting the lien removed.
Answered on Dec 06th, 2012 at 11:52 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Yes you can. A judgment is only a another form of debt.
Answered on Dec 06th, 2012 at 11:51 AM
Daniel James Wilson
Yes. In fact, entry of a judgment or a garnishment order is frequently the event that moves debtors to finally address the problem.
Answered on Dec 06th, 2012 at 11:41 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes, as a matter of fact, a lot of people file bankruptcy due to judgements. If a judgement has been entered, a Bankruptcy Attorney will find out if there has been a writ of Fieri Facias (Fi. Fa.) has been entered. A Fi. Fa. is used to record the judgement in the court record books. If a Fi. Fa. Has been entered, then your Bankruptcy Attorney will need to do a Motion to Avoid a Judicial Lien.
Answered on Dec 06th, 2012 at 11:40 AM
Yes, you can file bankruptcy & discharge a judgment assuming you otherwise qualify to file, provided that the judgment isn't for something related to an action that might be considered criminal in nature. For example, you probably can't discharge a judgment relating to a drunk driving accident or from injuries caused by a brawl.
Answered on Dec 06th, 2012 at 11:39 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Yes. The debt on a judgment can be discharged, subject to the right of any creditor to object to discharge for reasons such as a debt obtained by fraud. The judgment might have created lien rights on real property, which as to homestead in Florida can be avoided.
Answered on Dec 06th, 2012 at 11:39 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works.
Answered on Dec 06th, 2012 at 11:38 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, bankruptcy will prevent most judgments from being collected and will discharge the debt generally.
Answered on Dec 06th, 2012 at 11:38 AM
Yes- Judgments are discharged in a Chapter 7.
Answered on Dec 06th, 2012 at 11:37 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Answer based upon New Jersey Law: Yes even with a Judgment you can file for bankruptcy.
Answered on Dec 06th, 2012 at 11:36 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you can wipe out a judgment in bankruptcy, unless the judgment is for something non-dis chargeable like fraud, damages caused by drunk driving, child support or the like. ?Good luck.
Answered on Dec 06th, 2012 at 11:36 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, if your expenses exceed your income, you can file bankruptcy. Consult with a local attorney who handles it.
Answered on Dec 06th, 2012 at 11:34 AM