Legal Question in Wills and Trusts in California

Can a person file for bankruptcy to dismiss a judgment that has been court order for fraud?

I was the conservator for my mom and I was told that I miss handle her money.


Asked on 10/13/09, 4:51 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No. Bankruptcy only resolves the issue of how much money you have to pay your debtors. It does not remove a judgment in the sense of the court order being entered, only that you may not have to pay the full amount of the award/judgment.

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Answered on 10/13/09, 5:05 pm
Roy Hoffman Law Offices of Roy A. Hoffman

You can file for bankruptcy; however, the person who obtained the judgment for fraud against you, can file a lawsuit in the bankruptcy court seeking to have the debt declared non-dischargeable. If a judgment of non-dischargeability is entered in that action, the judgment for fraud in the state court will not be discharged and you will still be responsible for paying the judgment.

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Answered on 10/13/09, 5:07 pm
Scott Linden Scott H. Linden, Esq.

Fraud is one thing that usually is not allowed to be discharged in bankruptcy.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 10/13/09, 7:59 pm


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