QUESTION

can I discharge a department of real estate owed money?

Asked on Aug 18th, 2016 on Bankruptcy - California
More details to this question:
I am a licensed real estate agent and I owe the department of real estate some money for a default judgement entered into 3 years ago by a client that claims he paid me money and i didn't perform his loan modification properly. I was overseas and I didn't go to court so they entered a default judgement and paid him $7,500. Now the DRE is claiming I owe them $8,500. Can I discharge that through BK Ch 7?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Is the DRE a state agency?  Is it the same as the California BUREAU of Real Estate?  Whether it would be dischargeable in Chapter 7 will depend on whether the debt you owe them if for a "fine, penalty, or forfeiture".  If it is simply compensation to them for a loss, then it should be dischargeable.  Either way it would be dischargeable in a Chapter 7 case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.   
Answered on Aug 18th, 2016 at 12:14 PM

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