Legal Question in Civil Litigation in California

default judgment and adversary proceeding

I recently had a judgment rendered againt me in a case involving fraud. I filed bankruptcy about amonth after the judgment which has been listed as part of my BK. Since the bk will stay the judgment, and I am assuming the creditor will ask for the stay on the judgment to be lifted, can i request an adversary proceeding to determine the the dischargeability of the debt? Or would I have to oppose the motion to lift the stay and than file a request for an adversary proceeding?


Asked on 2/29/08, 8:51 am

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: default judgment and adversary proceeding

It will be up to the creditor to file an adversary proceeding. A fraud judgment may still be discharged in a bankruptcy. The issue at the adversary proceeding will be whether the action by you was intentional or brought with malice. Negligent misrepresentation even if fraud may be dischargable. Please call me if you have any questions.

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Answered on 2/29/08, 9:03 am


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