QUESTION
Does a discharged bankruptcy qualify as an unsatisfied judgment?
Asked on Aug 08th, 2012 on Bankruptcy - New Jersey
More details to this question:
I will be submitting an application for a real estate sales license in Ohio. One of the questions on the application asks "Have you ever been the subject of any unsatisfied judgments?". I had a bankruptcy discharged in 2001. Would I answer yes or no to that question?
18 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Applications for professional licenses require full disclosure. A discharged debt for a judgment is, by definition, unsatisfied.
Answered on Aug 15th, 2012 at 9:49 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If any unsatisfied judgments were listed in your 2001 bankruptcy case the answer to the question would be yes.
If more detail is required you would indicate that you had filed for bankruptcy relief and received a discharge in 2001.
If there were no unsatisfied judgments in existence at the time you filed bankruptcy, your answer would be no. In either event I don't believe that a 12 year old bankruptcy discharge would show up on a credit report if one was needed as part of the application for a real estate license application.
Answered on Aug 15th, 2012 at 9:49 AM
They are not asking "have you filed for bankruptcy". Did you have any judgments entered against you which have not been satisfied?
Answered on Aug 15th, 2012 at 9:47 AM
An unsatisfied judgment is one which has not been paid. If you had such a judgment at the time of the bankruptcy, it should have been included in the bankruptcy and would have been eliminated along with your other debt.
Answered on Aug 15th, 2012 at 9:47 AM
Burton J. Green
In general, what is discharged is not considered an unsatisfied judgment. I would think that you could answer "no" to that question. Remember, if your prospective employer checks, it will find your bankruptcy record.
Answered on Aug 15th, 2012 at 9:46 AM
Glen Edward Ashman
You would answer "No".
Answered on Aug 15th, 2012 at 9:46 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Bankruptcy discharge wipes out that judgement. While you no longer owe that debt, I would not classify it as a satisfied judgment.
Answered on Aug 15th, 2012 at 9:46 AM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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Question 1: Did you have any judgments included in your bankruptcy? If there were no judgments issued against you, then I believe you answer "NO." And a lawsuit filed against you is not the same thing as a judgment. So if you were being sued, but the bankruptcy stayed the civil case before the judgment issued - you still answer "No". Filing bankruptcy without the case including a judgment creditor in the schedules does not require you to answer "yes" to that question.
Answered on Aug 15th, 2012 at 7:35 AM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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Technically, the debt owed to the judgment creditor is unsatisfied. If a judgment was entered against you prior to filing bankruptcy, the debt owed to the judgment creditor is discharged in bankruptcy. Further, assuming you filed a motion in bankruptcy to avoid the judgment, the judgment is unsatisfied.
Answered on Aug 15th, 2012 at 12:54 AM
The bankruptcy discharge is not an unsatisfied judgment. That does not mean that you do not have any, only that the bankruptcy itself does not constitute one.
Answered on Aug 15th, 2012 at 12:39 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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This is actually a difficult question to answer, and has more to do with what the real estate licensing board requires than any specific law. A bankruptcy in and of itself is not an indicator of an unsatisfied judgment - it just means you had your debts discharged. However, if you were the subject of any lawsuits (e.g. small claims court, or any lawsuits brought to pay off any debts) before your bankruptcy and then did not pay any judgments that were awarded against you, you may want to ask the licensing board if the pre-bankruptcy lawsuits would count, and they should consider the fact that you had that obligation discharged in their answer.
Answered on Aug 14th, 2012 at 11:40 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Your discharge in a bankruptcy did not satisfy the judgment. It discharged the Judgment. A satisfied Judgment is one that was paid.
Answered on Aug 14th, 2012 at 9:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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A discharged bankruptcy is not an unsatisfied judgment. As long as there are no judgments against you, there cannot be an unsatisfied judgment.
Answered on Aug 14th, 2012 at 8:49 PM
No, a bankruptcy discharge is not an unsatisfied judgment.
Answered on Aug 14th, 2012 at 8:49 PM
A bankruptcy is not an unsatiafied judgment.
Answered on Aug 14th, 2012 at 8:47 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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An "unsatisfied judgment" is when you lose a lawsuit and did not pay the winning side. Filing for bankruptcy is not the same.
Answered on Aug 14th, 2012 at 8:46 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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A bankruptcy is not a judgment. I hope this helps.
Answered on Aug 14th, 2012 at 8:46 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No, it is not an unsatisfied judgment.
Answered on Aug 10th, 2012 at 1:41 PM