Legal Question in Bankruptcy in Florida

Re: Deficiency Judgments - Bankruptcy

You're asking very different questions here. If a secured creditor obtains a deficiency judgment against a debtor after reposessing and selling the secured property, that creditor becomes unsecured as to that deficiency. Therefore, yes, generally the deficiency judgments would be discharged. Your second question is whether debts obtained by fraud are dischargeable. Generally the answer is no, but the creditor has to object and follow a few procedural steps to establish fraud. You then stated that the asset value exceeded the loan balance. If this was the case, then there should not be a deficiency judgment at all. Perhaps you should clarify your question. Feel free to contact me at any time.