Legal Question in Bankruptcy in California

Re: Default and Bankruptcy

It all depends on what the complaint is for, and what the judgment is for. Most judgments can be discharged, however, some cannot. For example, a judgment which includes a fraud claim will NOT be discharged in BK. Whether you should answer the complaint or file for BK depends on the claims in the complaint and you financial situation with regards to the BK. If you need more specific information feel free to contact me.

Re: Default and Bankruptcy

I agree with Attorney Shem-Tov, however, if you are working with a bankruptcy attorney already, why wouldn't you go ahead and retain him to give you the advice? In theory, that attorney is working with you on the bankruptcy, and as such, has knowledge of your specific financial situation and the nature of the complaint that has been filed. We're not in the business of giving free advice, and so I would suggest that the best thing you can do, rather than retain another attorney to answer this question, is work with the bankruptcy attorney you have already screened and selected. If you haven't talked to more than one attorney (i.e., the guy you are going to retain) you should consider talking to several before settling on the attorney you wish to represent you in this matter.

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Re: Default and Bankruptcy

Other debts that are not dischargeable in bankruptcy include claims for intentional injury to another entity (which includes a person), injury to a person while driving under the influence, child support, student loans, and a few others.

If a default judgment is entered in regular collection cases, those could be stayed during the bankruptcy, and discharged at the end. Your attorney would notify the superior court of the bankruptcy so that there could be no further court action to collect the debt without violating the automatic stay. Hope this helps.