Legal Question in Bankruptcy in Illinois

judgements prior to filing bankruptsy

If a person has a debt judgement againt him and has been ordered to pay the debt in regular installments by a court order,and has failed to make the payments as per agreed by the debtor. Can the debitor legally file for chapter 13 bankruptsy or is he bound by the court order to pay the debt as agreed in the court order as set forth prior to his filing for chapter 13? The debt would have been payed off prior to the chapter 13 filing if the debtor had made the payment as per the agreed schedule of payments. The debtor has been in default for several months in his payments. what recorse is there if any?


Asked on 2/15/02, 11:02 pm

2 Answers from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: judgements prior to filing bankruptsy

The judgment would have very little effect once the Ch. 13 is filed. There are exceptions to this general rule for judgments which relate to child support, alimony, fraud, taxes, drunk driving, and some other unique circumstances. If the judgment you possess stems from one of these special circumstances then Ch. 13 or Ch. 7 cannot be used to avoid (discharge is the bankruptcy term) the debt.

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Answered on 2/20/02, 8:26 am
Bruce Buckrop Bruce Buckrop

Re: judgements prior to filing bankruptsy

The fact that the debtor is under an installment order, does not stop him from seeking total relief in ch13 or ch 7 ect.

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Answered on 2/16/02, 10:26 am


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