Legal Question in Bankruptcy in California

my creditor has a judgement against me and now they have filed bankruptcy. Is the judgement still valid?


Asked on 6/30/11, 1:14 am

1 Answer from Attorneys

In all likelihood, yes. If it was valid before the bankruptcy, then a judgment that is owned by a debtor (in this case your creditor) would be an asset of the bankruptcy estate. This assume you yourself haven't filed bankruptcy. If the debtor (your creditor) doesn't claim the judgment as an exempt asset, and it is collectible, then the trustee or the debtor-in-possession (if the case is not a Chapter 7 and no trustee is appointed) may decide to pursue it or sell it to someone else who would then try to collect on it.

You could try to negotiate a settlement with the trustee so that she/he can save on the cost of enforcing the judgement.

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Answered on 6/30/11, 7:49 am


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