Legal Question in Bankruptcy in Minnesota
Can a judgment be collected after filing bankruptcy if judgment has nothing to do with bankruptcy? May be obvious but need to know.
2 Answers from Attorneys
Typically a bankruptcy discharge would discharge the personal liability for the debt. Thus, for most types of judgments you could not collect from a judgment debtor's post-bankrupty earnings. If the judgment debtor had a piece of non-exempt land, the lien might still be valid against that piece of land.
Before taking steps to collect, I suggest that you check with an attorney to see how the particular bankruptcy affected your particular judgment.
I can't tell what you mean by "nothing to do with the bankruptcy." When a person files a bankruptcy, all debts must be listed. So if the debt for which the judgment is entered existed at the time the bankruptcy was filed, it has to do with the bankruptcy. There is case law in this district which says that in a no assets chapter 7 case a debt is discharged even if it was not listed in the bankruptcy petition, as long as the debt predates the filing of the bankruptcy.
I would expect it to be very unlikely that you could collect your judgment. However, you had best consult face to face with the attorney of your choice on this one. Your question is very brief and I would need a lot more information before I could tell you much for sure. For example, if the judgment is for a debt that arose entirely after the filing of the bankruptcy, it is possible that it could be collected.
This response does not create an attorney-client relationship, is not legal advice, and is for general information purposes only.
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My husband and I are in the final stages of a short sale and the 2nd mortgage... Asked 7/12/11, 7:53 am in United States Minnesota Bankruptcy Law