Legal Question in Bankruptcy in California

Bankruptcy and Specific Performance

Does bankruptcy remove a specific performance lawsuit or judgement? I am currently being sued for breach of contract (specific performance) after I rescinded a written agreement to sell the property to this party. Because I do not wish to lose the property in a court judgement due to specific performance, I am willing to file bankruptcy so long as it removes the judgement, or cancels the lawsuit. Does it depend on the case? Thank you.


Asked on 4/23/04, 2:06 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Bankruptcy and Specific Performance

The answer depends on the lawsuit, which the bankruptcy attorney should review before filing--the specific performance action may be a non-dischargeable debt, as "willful acts" are usually non-dischargeable.

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Answered on 4/23/04, 1:01 pm


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