QUESTION

How do I stop the defendant from filing for bankruptcy to cancel the judgement?

Asked on Oct 08th, 2011 on Bankruptcy - California
More details to this question:
I just completed a civil suit in which I was awarded a judgement. The defendant's first order of business was to announce in court that he would simply file for bankruptcy to cancel/nullify the judgement. I've been told by many that bankruptcy will not eliminate this judgement. If this is true how do I take preemptive steps to block this attempt by the defendant?
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8 ANSWERS

Spencer Hale
You cannot stop the defendant from filing bankruptcy. Likely the judgment will be nullified unless it falls under one of the many types of debts that are non-dischargeable. For instance, if the debt was incurred through fraud then you could have the bankruptcy court enter an order that the defendant still owes the money.
Answered on Oct 12th, 2011 at 1:44 PM

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Bankruptcy Attorney serving Tucson, AZ at Trezza Law
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You cant stop it but you can file complaint in the bankruptcy court after he files requesting that your debt be deemed nondischargable.
Answered on Oct 12th, 2011 at 12:33 PM

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It depends on the type of judgment but you may have to file a determination action in the bankruptcy court.
Answered on Oct 11th, 2011 at 1:29 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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You cannot take any preemptive action now that the judgment has already been entered. Once the person (defendant) files the bankruptcy case then you will receive notice and you should contact a bankruptcy lawyer immediately about the possibility of filing a case in bankruptcy court (called an adversary proceeding) to ask the bankruptcy court not to allow the judgment in the state civil court to be discharged. If the person owes you money because of fraud, intentional injury to you or other special reasons (not just a breach of contract or simple negligence) and the state court made that determination in the judgment then you might be able to have the bankruptcy court determine that the amount owed you is not dischargeable in bankruptcy. You have a limited time to file the adversary proceeding in bankruptcy court after you receive notice of the bankruptcy filing. You do not state the reason for the judgment (what the case was about) so it is impossible to tell you whether or not you can contest the dischargeability of the state court judgment.
Answered on Oct 11th, 2011 at 10:06 AM

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Glen Edward Ashman
You can either listen to your ignorant friends, who are wrong, or you can listen to a lawyer. Creditors CANNOT prevent a bankruptcy filing. As to whether the debt is dischargeable, most debts ARE discharged in bankruptcy. A handful are not, and if you feel a debt fits that statute, get a lawyer. Otherwise, when he files, you lose.
Answered on Oct 11th, 2011 at 10:05 AM

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Owing a judgment that you cannot pay is a common reason for filing bankruptcy. If you have not filed bankruptcy in the previous 8 years you are eligible to file. Since filing bankruptcy is voluntary it can be filed by request without a creditor being able to block it.
Answered on Oct 11th, 2011 at 9:54 AM

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Bankruptcy Decision Attorney serving San Diego, CA at Law Office of Daniel G. Shay
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You have to file an objection to discharge.
Answered on Oct 11th, 2011 at 1:16 AM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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There are strict exceptions to discharge of debt under Title 11 of the United States Code. Bankruptcy is a federal legal procedure: within the context of the filed bankruptcy case, a creditor may object to the dischargeability of a particular debt IF there is a legitimate, relevant, and supported basis, such as fraud-the fact that there's already a judgment in hand does not per se grant extra protection to the creditor. A judgment can be voided by the bankruptcy. The creditor CANNOT block the debtor from filing bankruptcy. This answer (as well as our Web site) 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 only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Oct 11th, 2011 at 1:16 AM

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