Legal Question in Bankruptcy in California
creditors rights
if we have a judgment on debtor and they file chptr 7 bankruptcy can we file anything to uphold jugment?
3 Answers from Attorneys
Re: creditors rights
The only way for a judgment to be good in a bankruptcy is if you have recorded an Abstract of Judgment in the Recorder's Office, which makes the judgment a lien. If you haven't the judgment represents an unsecured creditor, and the debt will be discharged when the bankrptcy debtor is discharged.
Re: creditors rights
It depends on the nature of the judgment. If for injuries for a car accident while driving under the influence, that can be excluded from bankruptcy. If it's a regular money judgment, most likely not. Feel free to provide me with more details by direct e-mail.
Re: creditors rights
This is more than a simple question, but beware you do not violate the stay otherwise you could end up incurring liability. Bankruptcy laws are Federal and if you violate them most debtors' counsels would pursue you. Good Luck.
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