QUESTION
If you file bankruptcy, may you include credit card debt that has already won judgment against you in court?
Asked on Apr 12th, 2017 on Bankruptcy - New Jersey
11 ANSWERS
If you file bankruptcy, you must included every debt. No exceptions! Whether a debt might be ineligible to be eliminated through bankruptcy is controlled by the provisions of 11 USC sec 523. Generally, court judgments for credit card debts are able to be discharged or eliminated by bankruptcy. But this begs the question of whether or not you are even eligible to file Chapter 7 bankruptcy. Most people are not eligible.
Answered on Jul 07th, 2017 at 8:19 PM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
Yes
Answered on Jul 07th, 2017 at 8:19 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
You need to list all debts and credit card debt that has been reduced to a judgment is included in the judgment.
Answered on Jul 07th, 2017 at 8:18 PM
Yes, even if a creditor has obtained a judgment against you a bankruptcy will still put a stay on the collection of that judgment and will discharge that debt.
Answered on Jul 07th, 2017 at 8:18 PM
Yes, judgments for debts can be discharged.
Answered on Jul 07th, 2017 at 8:18 PM
Yes, that judgment could be discharged.
Answered on Jul 07th, 2017 at 8:16 PM
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
Update Your Profile
Yes, you will include ALL debts and ALL assets in your bankruptcy. If there is a judgment lien, we would have to discuss whether it can be avoided or not.
Answered on Jul 07th, 2017 at 8:15 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Yes, credit card debit is dischargeable in bankruptcy regardless of whether the creditor has gotten a judgment.
Answered on Jul 07th, 2017 at 8:13 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Yes. In some states you can also apply to state court to 'satisfy' the judgment, and thereby have the judgment lien removed. Retaining a lawyer is almost always worth the investment.
Answered on Jul 07th, 2017 at 8:13 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes you can include the judgment entered previously Sent from OWA on Android
Answered on Jul 07th, 2017 at 8:13 PM