QUESTION
If I have a court order that a debtor owes me, now they are filing Chapter 7, am I protected?
Asked on May 14th, 2013 on Bankruptcy - Idaho
More details to this question:
I loaned someone money. I have a court order that they owe me the balance, never made a payment on loan, plus 12% interest. Now they have filed for Chapter 7. I would like to know, can the debt be removed as I have a court order?
11 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 several facts. It would be best for you to talk to an experienced bankruptcy attorney who helps creditors.
Answered on May 24th, 2013 at 1:09 AM
No, most Court judgments are subject to discharge in chapter 7 bankruptcy.
Answered on May 16th, 2013 at 2:23 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Yes, it can be removed. Even if the debt was non dischargeable for fraud etc, you have to assert that right or you lose it!
Answered on May 14th, 2013 at 4:38 PM
No, the bankruptcy stay stops collection on court orders, unless it is an order for a domestic support obligation. And the debt will be discharged by the bankruptcy.
Answered on May 14th, 2013 at 4:37 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Unless your debt qualifies as one of the exceptions for discharge under Section 523 of the bankruptcy code, you may be out of luck. Exceptions under the bankruptcy code include debts obtained by fraud, domestic support orders, among other exceptions. If this was a simple matter of an unpaid loan, the debt owed to you will likely be discharged in the bankruptcy. You should meet with an attorney to discuss your options and the particulars of your situation.
Answered on May 14th, 2013 at 4:37 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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No. You need to talk to a bankruptcy attorney ASAP or you might be entitled to $000.00!
Answered on May 14th, 2013 at 4:36 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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The debt, unless secured, can be discharged in their bankruptcy so they will not have to pay you anything.
Answered on May 14th, 2013 at 4:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, unsecured personal debts are discharged: bankruptcy regardless of the fact you might have the judgment to enforce them. However, there are exceptions and you should counsel within attorney with the specifics of your particular situation.
Answered on May 14th, 2013 at 4:35 PM
Bankruptcy discharges even debts which have become judgments or court orders unless there is a basis in bankruptcy law to hold that this particular debt is not eligible to be eliminated. Take a look at 11 USC sections 523 & 524 for more information about the exceptions available.
Answered on May 14th, 2013 at 4:35 PM
Deborah F. Bowinski
The fact that you obtained a judgment does not protect you from the debtor's bankruptcy discharge. If it is an ordinary consumer debt and money judgment it will be discharged along with all the rest of the debtor's obligations.
Answered on May 14th, 2013 at 4:35 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Generally speaking, the bankruptcy will remove the individual from liability. Visit with an attorney, depending on your judgment, there may be an exception from discharge of your debt. But some require you to act within timelines of the bankruptcy.
Answered on May 14th, 2013 at 4:34 PM