Legal Question in Bankruptcy in New York

judement and bankrupcy

recieved a judgement in our favor about a month ago. Sent two certified letters and made 2 calls.

Recieved a response today, by an attorney who claims to be representing him. She said that he wants to make a settlement offer of 50% of what the judgement was granted. I checked out the firm she is working for, and it is seems to be a bankrupcy, buisness law firm.

We havent contacted an enforcement officer yet nor have we taken any more steps on collecting. My question is....

Would it be better to take the next step and try to collect..or wait till a few years later to enforce the judgement?? Any advice on this matter would be greatly appreciated!! Thankyou!!


Asked on 12/03/07, 6:07 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: judgement and bankrupcy

Most money judgments can be discharged in bankruptcy, which would preclude any creditor from EVER trying to collect on that judgment. There are exceptions to debts that can be discharged, but they are really quite narrow. I'd need more information from you to determine whether the judgment is on dischargeable debt before I can answer your question.

Please call my office to schedule a free 1/2 hour consultation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 12/14/07, 11:50 am


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