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.
3 Answers from Attorneys
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.
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.
Fraud is one thing that usually is not allowed to be discharged in bankruptcy.
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