Legal Question in Bankruptcy in California

Bankruptcy Judgment Debtor Exam

My wife failed to appear for a Judgment Debtor Exam and a warrant was issued. The creditor served the Order to Appear by registered process server to her old address that she has not lived at for over a year, so she never was served although they claim she was.

We're basically being forced into a bankruptcy.

If the Judgement is released, would that not cause the creditor to have to Ex Parte Motion for Discontinuance of Order for Examination and Recall of Bench Warrant as it would be considered settled or discharged?


Asked on 2/15/07, 11:29 pm

2 Answers from Attorneys
DAVID BURKENROAD LAW OFFICES OF DAVID BURKENROAD

Re: Bankruptcy Judgment Debtor Exam

You could challenge the warrant by moving to quash it due to the failure of service, but the creditor could re-institute it if your wife can be served. If by "released" you mean paid, it would be up to your wife to move to get rid of the Debtor Exam and the arrest warrant (not the creditor). If the judgment has been converted into a lien through an Abstract of Judgment, and that is usually the case, it will be unaffected by the bankruptcy, because liens survive bankruptcy. So I am not sure that bankrupcy will help you.

Read more
Answered on 2/23/07, 4:13 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy Judgment Debtor Exam

You don't provide enough information as to the nature of the underlying debt. If for a credit card debt and not because of child support or driving under the influence, it likely could be discharged in a Chapter 7 bankruptcy. The bankruptcy would stay (stop) all collection efforts, including any future court appearance. Once you file the BK, your attorney probably should notice the court not only about the bankruptcy, but request that the bench warrant be recalled.

Read more
Answered on 2/16/07, 7:06 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California