Legal Question in Bankruptcy in New Jersey

Bankruptcy

Does filing for bankruptcy eliminate a civil judgement attached to a felony? There is no criminal restitution, but the insurance company has filed for a judgement for reimbursement.


Asked on 9/17/07, 8:58 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Bankruptcy

When a debtor files for bankruptcy that does not "eliminate" any judgments. If the debtor obtains a discharge in his/her case that will discharge (i.e., wipe out) his/her personal liability for dischargeable debt. The Bankruptcy Code provides that certain types of debts are "nondischargeable" (i.e., will not get wiped out in bankruptcy). Some categories of debt are automatically excepted from discharge and other categories of debt will be excepted from discharge if the creditor files an adversary proceeding (i.e., lawsuit) in the Bankruptcy Court for an order finding the debt nondischargeable (and wins).

Check out the Frequently Asked Questions (FAQs) on our website, including Personal Bankruptcy Question # 5 ("Will all my debts get discharged (wipe out) in bankruptcy?"), at www.starrandstarr.com/faqs.htm for more information about personal bankruptcy topics.

The foregoing is not intended to and is not specific legal advice for your situation and is intended to provide general information of interest to readers of this website. Facts and circumstances not disclosed in your very brief two line question may affect your rights and remedies. You should consult with a bankruptcy attorney. If you don't know how to find an attorney the referral service of your local Bar Association is a good place to start. We also represent people in these type of matters. Please feel free to contact me to schedule a consultation.

Best regards,

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Answered on 9/18/07, 10:35 am


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