Legal Question in Bankruptcy in Alabama

If you have a large judgement filed with the court, in which the defendent killed one and medically damaged the other and spent 4 months in jail with 5 years probation, and the judment was granted to me in the amount of $500,000.00 with the court.

The person who must pay has stated she is filing Bankruptcy (7), I need to know if she can include the judgement to get out of paying it. If so what or how to I get to be at the debtors hearing to prevent her (Victoria R. Gotatte) from paying for what she did and paying the awarded amount?

Thank you in advance.

L. Fields for B. Smith


Asked on 5/21/10, 12:55 pm

1 Answer from Attorneys
James Patterson Underwood & Reimer, P.C.

A judgment can be discharged through a bankruptcy. However, if the judgment is based on a fraud or intentional tort type claim, it may not be dischargeable. You need to contact a local bankruptcy attorney in your area to have them review the judgment to determine if the Defendant who filed the Chapter 7 can void it under their Chapter 7 petition.

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Answered on 5/28/10, 6:56 am


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