Legal Question in Bankruptcy in California
judgement
If a person files for bankruptcy, will it wipe out a judgment against them?
Asked on 2/17/07, 7:00 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: judgement
If the judgment is a common collection judgment and the debt occurred pre-petition, yes, it will be discharged by a Chapter 7 bankruptcy. If the debt was for DUI injuries or child support or some other exceptions, the answer is no.
Answered on 2/19/07, 2:47 pm
DAVID BURKENROAD
LAW OFFICES OF DAVID BURKENROAD
Re: judgement
Unless the judgment is for fraud, in which case the creditor can file a Bankruptcy Code Section 523 complaint to prevent discharge of the specific judgment, bankruptcy wipes out judgments, but only those that have not been converted into liens by having the judgment converted into an Abstract of Judgment, which is recorded. If judgments have become liens they are unaffected by bankruptcy.
Answered on 2/23/07, 3:58 am
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