Legal Question in Bankruptcy in California

My brother has a "Judgment Determining Debts to be Non-Dischargeable", for $364K against him, filed on March 19, 1996 U.S. Bankruptcy Court, Northern District of California, San Francisco Division. I believe this is due to a finding of Fraud in failed real estate deals that led to his bankruptcy. No payments were made on this judgment because he is unemployed and now living on social security. The judgment was renewed 10 years ago and papers to renew it again (for about $900K, after interest) have been filed and sent to us. If we object, we need to file some sort of response by May 4, if I understand the paperwork correctly.

My question to you is whether we have any reasonable legal basis to object to this 2nd renewal. I am asking because I did an internet search on the relevant law a while back, and got the impression that you couldn't renew a judgment in California for more than 20 years. But a more recent search suggests that there is no limit in number of renewals, as long as they are more than 5 years apart.


Asked on 4/20/16, 8:06 pm

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

consider filing another bankruptcy prior to the renewal. http://www.abc27talkback.com (san Francisco)

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Answered on 4/21/16, 3:45 pm


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