Legal Question in Bankruptcy in California

Re: Judgment

It depends on the nature of the judgment. If it's for fraud or intentional injury to a person, company, or its property, the judgment debt will not be discharged. If it's for injury that occurred while you were driving while intoxicated or for child support, it also won't be discharged. There are a few other exceptions to discharge as well. You can find them online if you understand legalese at http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html .

Re: Judgment

Althought most debts and judgments would be discharged, there are some exceptions that include:

(1) recent tax debt; (2) most student loan debt; (3) debts incurred by false representation or fraud; (4) alimony and child support; and (5) injury caused by an intoxicated debtor's operation of a motor vehicle

There are other categories of debts that are �excepted� from discharge. Some are automatically excepted from a discharged. Others require the creditor to file a lawsuit objecting to the discharge as part of the bankruptcy, so you need to consult a local bankruptcy attorney about the specifics of your situation.

Also, a bankruptcy does not automatically voide any judgment LIENS even if the judgment is discharged. Have your BK attorney search for any liens that might have accrued as a result fo the bankruptcy. Also, consult with an attorney to determine if Chapter 13 might be a better option for you.