Legal Question in Bankruptcy in California
Do judgments survive bankruptcy, or are they discharged?
2 Answers from Attorneys
The underlying debt from the judgment would be discharged, just like any other debt upon which no judgment existed.
If a lien was recorded pursuant to the judgment then that could survive the bankruptcy absent its possible avoidance (that's another story).
Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only and certain facts may be relevant to the San Diego court only; it�s independent of other answers. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.
Most judgment are discharged in bankruptcy but there are non-dischargeable debts such as student loans (most of the time), fines, child/spousal support, and others. Therefore, the nature of the debt that brought about the judgment needs to be known in order to determine if the judgment debt has gone away permanently. If there is a judgment and a lien was filed then the lien may be avoided by filing a motion in the bankruptcy case in many cases. You need to see a lawyer about this if there a judgment and particularly if there is a lien and you own real estate.
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