A bankruptcy discharge will indeed dispose of most judgments, rendering them uncollectible. There are some exceptions, such as judgments stemming from non-dischargeable debts, such as student loans, or domestic support obligations. However, most debts, such as those stemming from credit cards, deficiencies owed on auto loans, and medical debts will be discharged whether the debts have been reduced to a judgment or not. Any creditor that attempts to collect in any way on debts that have been discharged in bankruptcy even if they have a judgment from a state or Federal Court is in violation of a Federal Court order and will be in contempt of the order and subject to sanctions. Moreover, the Massachusetts Consumer Protection Act bars the attempted collection of debts where no right to collect exists. Accordingly, a creditor attempting to collect a discharged debt is in violation of Massachusetts law, leaving the violating creditor potentially open to payment of up to triple the plaintiff's (i.e., the Debtor's) actual damages and the plaintiff's attorneys fees.
Answered on May 22nd, 2015 at 12:18 AM