Legal Question in Bankruptcy in New York

Civil summary judgement

plaintiff is awarded a summary judgement-damages not yet awarded-. Can this be dismissed in a personal bancruptcy, Chap 13.


Asked on 7/09/99, 6:02 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Civil summary judgement

Since it's not a final judgment, it would not bar later dispute of the claim in the bankruptcy, but certainly the bankruptcy court could take cognizance of what the state court said as to the merits of the claim. It would be a general unsecured claim, since there's no judgment, and could be paid less than 100%.

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Answered on 7/14/99, 11:03 am


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