QUESTION

Can I file bankruptcy if I was sued in a civil suit?

Asked on Jul 12th, 2013 on Bankruptcy - New Jersey
More details to this question:
I was sued in 2009 in a civil court for assault. A default judgment was passed on me. There was no criminal charges or even questioning for the same incident. If I file bankruptcy, will it absolve the debt? I am not sure if the exact term on the default judgment was assault or not, but I know it has to do with a fight that took place in 2007. Also, if I live in another state than the judgment, is it still as easy to collect?
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8 ANSWERS

You need to read the judgment. You cannot discharge a debt that results from willful and malicious injury to another. If you live in another state, the plaintiff can register it as a foreign judgment and try to collect.
Answered on Jul 17th, 2013 at 12:14 AM

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You should consult with an attorney to research the status of the judgment and the findings of the court if a judgment was actually entered. You can still file bankruptcy even after a civil judgment is entered, however not all debts are dischargeable, so if s person is filing because of a single debt, a careful analysis by an attorney is necessary to determine if a bankruptcy would accomplish your goal. Some debts may be discharged in a chapter 13 but not a 7, it's important not to make assumptions about dischargeability either way. Judgments can be domesticated in other states than where they were entered, so they can follow you to another state. However, if you did not live in the State that entered the judgment at the time the judgment was entered there maybe an issue with regards to jurisdiction. You really should consider meeting with an attorney to discuss these issues.
Answered on Jul 16th, 2013 at 10:00 PM

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Sanford M. Martin
Of course, lawsuits often move persons to file bankruptcy. Review the basic information and options of Chapter 7 and 13 bankruptcy, which you are required to do before you file. Discuss with an attorney your specific situation because bankruptcy is complex and requires careful consideration. May this information help you,
Answered on Jul 16th, 2013 at 10:00 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Yes, still easy to collect. Whether you can discharge it in bankruptcy really depends on the facts etc. You need to consult with an attorney.
Answered on Jul 16th, 2013 at 9:59 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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This would be a tryable issue, meaning that you could try it, but there would be no guarantee it would be sucessful. You might have better luck if you go with a Chapter 13 instead.
Answered on Jul 15th, 2013 at 12:02 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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If you are a candidate for bankruptcy anyway, a civil judgement like that is probably dischargable.
Answered on Jul 15th, 2013 at 12:02 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is quite possible that the debt is NOT dischargeable if it arose out of an intentional act, which an assault and battery is. See a bankruptcy attorney, and yes, out of state judgments are certainly collectable.
Answered on Jul 15th, 2013 at 12:01 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Yes, you can put this into a Bankruptcy, but it may wind up being non dischargeable depending on how written.
Answered on Jul 15th, 2013 at 12:00 PM

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