Legal Question in Bankruptcy in Louisiana
Civil Judgement vs Bankruptcy
If a Civil Suit Judgement is given to someone can that person file bankruptcy so they do not have to pay. Or should they file bankruptcy first so the court sees there is no money for them to pay back the judgement
1 Answer from Attorneys
Re: Civil Judgement vs Bankruptcy
Generally, when a civil judgment is rendered against a debtor, it is dischargeable in bankruptcy. In rendering a judugment, the court will not take into account whether or not you can pay. If you file bankruptcy before a judgment is renedred, and notify the creditor, the judgment should not be renedered at all. If you wait until after the judgment is rendered to file bankruptcy, it will take extra steps in the bankruptcy process to have the judugment erased. Some attorneys charge extra for this service.
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