Legal Question in Bankruptcy in California

Re: Bankruptcy filing after a Judgement

If your issue concerns an area of CALIFORNIA or FEDERAL law, and you would like a WRITTEN RESPONSE in the form of a formal written legal opinion, please feel free to contact me direct at the following location:

James Swiderski

Attorney at Law

1150 Silverado Street, Suit 216

La Jolla, California 92037

1-858-459-4913

Fax - 619-308-3720

James [email protected]

www.WhatIsTheLaw.com

Fees vary depending upon the complexity of this issue (3 -6 hours typical). Hourly rate for opinion letters is $120 per hour. Fees for further representation depend upon the nature of your case. Contingent fees are possible in certain circumstances, mostly in the personal injury context.

Re: Bankruptcy filing after a Judgement

The debt is not necessarily automatically discharged.

Whether a judgment creditor will receive any amount when a debtor files for protection under the bankruptcy code depends upon the nature of the judgment (e.g., was the judgment for a breach of contract, intentional tort or negligence?), the nature of the obligation (i.e., is this a personal or business debt?), the assets of the debtor (i.e., are there nonexempt assets from which a distribution can be made to the creditors?), and the absence of valid objections to discharge (e.g., did the debtor incur the obligation fraudulently, or has the debtor made material misrepresentations on his/her bankruptcy petition, schedules or statement of financial affairs?).

Some debts that would be nondischargeable require the creditor to file an adversary proceeding (a lawsuit within the bankruptcy) to establish that the obligation is nondischargeable. There is a short statute of limitations to file such a proceeding.

Other obligations that would be paid from nonexempt assets require the creditor to file a proof of claim to participate in any distribution. There is a short statute of limitations to file such a proof of claim.

The best thing you can do is consult a local bankruptcy attorney. He or she can ask you all the pertinent details and then advise you accordingly. Many attorneys provide free initial consultations.

Good luck,