Legal Question in Bankruptcy in Nevada
Can you file bankruptcy on a judgment?
IN 2000 I was sued for 10,000.00 for battery and his attorney somehow added an additional 14,000.00 for a total of $24,000.00. Because of the judgement I am unable to have a checking/savings or anything in my name, etc. I am considering filing bankruptcy to try to get a fresh start. Can I file bankruptcy on this judgement when I include other bills? Thanks!--name removed---name removed--
2 Answers from Attorneys
Re: Can you file bankruptcy on a judgment?
You can seek a bankrutpcy discharge of a judgment for money damages arising out of a battery, but there is no guarantee that the claim would not be held nondichargeable as a wilful and malicious injury. Experienced legal counsel can help and may save you a lot of money in this area of the law.
Bankrupting judgment for Battery
Once again, Paul got his answer in first & did a great job! If the person holding the judgment objects to the your Bankruptcy by filing the proper paperwork, it is possible that you would not be able to get rid of this judgement through a Chapter 7. So it would be a gamble whether it would go through, but I think it would be well worth taking. (By the way, other types of judgments don't have this problem, it is something specific to judgments caused by intentional acts, such as DUI's, or in this case, a battery, which is an assault.) If Chapter doesn't work, there are other options that can be used. Call Paul if you are in Northern Nevada & ready to get this behind you, or call me if you are in Southern Nevada - my number is (702)456-1920 X201
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