QUESTION

What will happen to the judgment if bankruptcy is filed?

Asked on Jan 27th, 2011 on Bankruptcy - California
More details to this question:
I lost a lawsuit in the amount of $75,000 and the awardee filed chapter 7 and listed the lawsuit as an asset. What happens to the lawsuit?
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8 ANSWERS

Bankruptcy Attorney serving Beverly Hills, CA
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The judgment against you is still valid. It is now part of your creditor's bankruptcy estate. The Trustee in the bankruptcy case could take collection action against you, or sell the debt to a third party.
Answered on Feb 05th, 2011 at 11:43 AM

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Bankruptcy & Debt Attorney serving Longmont, CO at William Edward Zurinskas
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It becomes property of the bankruptcy estate of the awardee's bankruptcy. The trustee steps into the shoes of the awardee and can collect the $75,000 judgment.
Answered on Feb 01st, 2011 at 4:13 PM

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Trusts & Estates Attorney serving Camarillo, CA at Law Offices of Larry Webb
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The judgment is an asset the Bankruptcy Trustee should try to collect on. The trustee could also sell the judgment. Consult with an Attorney.
Answered on Jan 31st, 2011 at 4:43 PM

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Chapter 7 Bankruptcy Attorney serving Lisle, IL at Mankus & Marchan, Ltd.
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The Trustee in the Chapter 7 bankruptcy can pursue collection of the judgment against you. If he chooses not to do so, the judgment reverts back to your creditor after the bankruptcy case is discharged.
Answered on Jan 31st, 2011 at 10:58 AM

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William C. Gosnell
The chapter 7 trustee takes over the lawsuit and tries to collect from you. You should file a chapter 7 also.
Answered on Jan 29th, 2011 at 9:58 PM

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Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
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It will depend on whether the Trustee wants to pursue it, which probably will happen.
Answered on Jan 28th, 2011 at 6:13 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Interesting word "awardee".... but good description of the person awarded the judgment against you who is usually called the judgment creditor. That person is supposed to list that judgment as an asset in his/her bankruptcy Schedule B and may be able to exempt (protect for himself) some of it but probably not most of it since the exemption about is limited. Therefore, the judgment is now collectable by the Trustee for the benefit of the awardee's (your judgment creditor's) own creditors in his bankruptcy case. The Trustee might decide that it is uncollectable and abandon it or go after you to collect it. People filing bankruptcy sometimes "forget" to report assets like judgments in their bankruptcy schedules so you might want to check to see if that person (awardee) reported it in the bankruptcy case. You might have a defense to any collection from that person if he failed to report it in the bankruptcy case because technically the failure to report the judgment and exempt at least part of it means that person has no power to enforce it. Only the trustee has that power to collect the judgment unless the trustee abandons it to the awardee if the trustee does not feel he can get paid.
Answered on Jan 28th, 2011 at 2:13 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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The judgment becomes an asset of the bankruptcy estate at that time, which the Chapter 7 trustee may decide to try to collect from you or sell to a third party, including you. That means that you could try to purchase it from the Trustee ideally for less than the full amount awarded. If the Chapter 7 Trustee does not administer the judgment, it reverts back to the Debtor, who can then collect from you.
Answered on Jan 28th, 2011 at 11:13 AM

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