Legal Question in Bankruptcy in California

I am not sure if I can file chapter 7.

I would like to fax a judgement that I have paid for about 15 years. I have 5 years to pay. Now I am retired and my income has dropped. I am on social security. But there is no use filing if its not dischargeable.


Asked on 5/09/05, 5:16 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: I am not sure if I can file chapter 7.

It depends on what the judgment is for as to whether it will be dischargeable--intentional torts, fraud, child support, and drunk driving judgments are typically not dischargeable, for example. An attorney can review the court papers and order and advise whether bankruptcy will work for you. If you'd like, you may contact our office at 626-683-8869.

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Answered on 5/10/05, 8:33 am
Gary Fraley California Bankruptcy Attorneys

Re: I am not sure if I can file chapter 7 . More detailed answers to your questi

To determine if a judgement is dischargeable you have to know what the judgement is for as has been stated by other attorneys responding to your question.

The following types of debts are non-dischargeable: 1) Student loans and loan guarantees for student loans; 2) recent taxes (not your situation); 3) judgments where there is a court determination that the debt was incurred by fraud; 4) fines and restitution; 5)damages resulting from driving under the influence of drugs or alcohol; 5) intentional "torts" (harmful acts) such as injuring someone by hitting them or damaging their property intentionally; 6) child support; 7) most spousal support debts; and 8)damages resulting from criminal acts.

Types of debts regularly dischargeable are 1) breach of contract (credit card debts, medical bills and personal loans being examples); I can review the court order and advise you if it is going to be dischargeable and if you can qualify for Chapter 7 bankruptcy.

I do free initial consultations by phone and handle cases statewide. You can call my free phone number at 1-800-675-1005 to schedule your appointment. You can also go to my Online Law Office website at CA-Bankruptcy-Attorneys.com for lots of valuable information which will answer many of your questions. Take a look at my "Clients Rights" page to see what you can and should expect from my firm (and any bankruptcy firm for that matter). I think you will be impressed with the quality of my web site and my legal advice.

Thank you for giving me the opportuntiy to help you.

--Gary Ray Fraley Esq.

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Answered on 5/10/05, 4:36 pm
Mark Markus Law Office of Mark J. Markus

Re: I am not sure if I can file chapter 7.

I'm not sure what your question is, but if you would like a free phone consult, please visit my webpage at http://www.bklaw.com/consult.html for what information you will need, and then contact me to schedule an appointment once you've gathered everything. Regards, Mark

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Answered on 5/09/05, 5:23 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: I am not sure if I can file chapter 7.

There are certain characteristics that keep a judgment from being discharged: debts from accidents relating to drunk driving, fraud, alimony, etc. Feel free to write to me at the e-mail address below with the underlying reason for the judgment against you.

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Answered on 5/09/05, 5:25 pm


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