QUESTION
How can I collect on a judgment awarded to me if the debtor files for bankruptcy after I was awarded the judgment?
Asked on Dec 16th, 2012 on Bankruptcy - Indiana
12 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on many issues. Talk to a competent creditor's bankruptcy attorney in your state.
Answered on Dec 19th, 2012 at 4:27 PM
Daniel James Wilson
You probably cannot. Unless the debt is secured it will be discharged.
Answered on Dec 19th, 2012 at 5:02 AM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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A judgement for debt is usually discharged in bankruptcy, unless you recorded a memorandum of judgement against real estate owned by the debtor. You can also file an objection to the discharge with the bankruptcy court if you can show that the debtor incurred the debt fraudulently.
Answered on Dec 19th, 2012 at 4:58 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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It depends on what the debt was and on the situation. If there is a lien, you can foreclose on the security in state court. If there it was an unsecured personal loan, and the debt was disclosed on the paperwork filed with the court, you may not be able to collect at this time. See an attorney ASAP to see if there is anything which can be done for you.
Answered on Dec 18th, 2012 at 6:58 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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You need to verify that the debt was discharged in bankruptcy.
Answered on Dec 18th, 2012 at 6:55 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If the debtor filed a Chapter 7 bankruptcy case and if your judgment is not for a non-dischargeable debt (child support or court-ordered marital property/debt settlement, drunk driving damage, etc.), you're most likely out of luck.
Answered on Dec 18th, 2012 at 6:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to see an attorney, as some debts are dischargeable while others are not. Without knowing the underlying circumstances it is impossible to determine whether or not will be able to collect your judgment post bankruptcy.
Answered on Dec 18th, 2012 at 6:48 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Unless you filed a lien, you can not.
Answered on Dec 18th, 2012 at 6:42 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Most likely you can't. If the debtor was granted a discharge, that means your judgment is killed.
Answered on Dec 18th, 2012 at 6:27 AM
You can file a claim to get paid from any assets that are liquidated as part of the bankruptcy. Otherwise you can't get paid.
Answered on Dec 18th, 2012 at 6:05 AM
Richard hirsh
When a bankruptcy case is filed, you have until 60 days after the date of the first meeting of creditors to take steps to object to the discharge of your debt or the debtor's overall discharge. Typically, and without going into great detail, there must have been some fraudulent or other misconduct (theft, embezzlement, for example) to serve as a basis for those objections; Certain debts are simply not dischargeable, such as an injury based upon the debtor's conduct while under the influence of alcohol while operating a vehicle; or perhaps a debt arising for child support. Otherwise, If the debtor filed bankruptcy and has been discharged you are most likely barred from ever collecting on that debt.
Answered on Dec 18th, 2012 at 6:01 AM
William H. Von Willer
If the debt was discharged, you cannot collect.
Answered on Dec 18th, 2012 at 5:48 AM