Legal Question in Bankruptcy in New York

bankruptcy vs judgement

i have been contemplating bankruptcy for some time and then my former employer filed a lawsuit against me for $70,000 and won. if i file bankruptcy, does it help protect me against the judgement?


Asked on 6/23/09, 3:04 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: bankruptcy vs judgement

Since the judgment has already been recorded, your former employer will have to be listed as a creditor on your bankruptcy petition.

You can, however, work out a payment plan through the bankruptcy trustee.

You may even be able to reduce the amount you owe.

Antoinette M. Wooten, Esq.

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Answered on 6/23/09, 3:09 pm
Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: bankruptcy vs judgement

Assuming you qualify for Chapter 7 bankruptcy, you should be able to discharge your obligation to your employer, unless the employer challenges the discharge.

Objections to discharge by a creditor are relatively rare. Your employer would only object if the basis of its lawsuit against you was for fraudulent activity.

If the employer merely sued you because it lent you money, you would have no problem discharging this obligation.

For more information about bankruptcy, please see my New York bankruptcy website: www.BankruptcyCanHelp.com

Also, for lots of details about New York bankruptcy practice, law and procedure, please see my bankruptcy blog:

www.LongIslandBankruptcyBlog.com

Good luck!

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Answered on 6/23/09, 6:05 pm


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