QUESTION
Will credit card judgments be discharged in bankruptcy? How?
Asked on Sep 14th, 2015 on Bankruptcy - Michigan
More details to this question:
If a credit card company sues me and wins, can damages awarded to plaintiff (including plaintiff's attorney fees + court costs) be discharged in a chapter 7 bankruptcy?
8 ANSWERS
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
Absent fraud, yes.
Answered on Sep 16th, 2015 at 1:50 PM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
Credit card judgments may be discharged in bankruptcy. However, if liens have been filed against your property you will have to file separate actions to have the liens avoided otherwise your property may be impaired.
Answered on Sep 16th, 2015 at 1:49 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Yes. Absent special circumstances, such as fraud, the entire debt can be discharged. However, if your state provides a 'judgment lien' on real estate, you may have to go through a separate procedure in state court (BR is federal) to have the lien deemed satisfied. A good lawyer can be an awfully good investment. Good Luck.
Answered on Sep 15th, 2015 at 4:47 PM
That would be a yes.
Answered on Sep 14th, 2015 at 2:27 PM
This is one of the main reasons clients hire me to represent them in Chapter 7 bankruptcy ? to discharge court judgments due to credit card and other kinds of debts. But if the judgment was recorded, it may become a lien which will impact any real estate you own or may come to own in the future. This lien can be removed through a Chapter 7 bankruptcy, but it is not part of the typical services I provide and would be a significant additional cost.
Answered on Sep 14th, 2015 at 2:00 PM
2 Awards
Yes, judgments are dischargeable in bankruptcy. They are no different than the underlying debt prior to the judgment.
Answered on Sep 14th, 2015 at 1:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally yes, but the devil is in the details.
Answered on Sep 14th, 2015 at 1:12 PM