Legal Question in Bankruptcy in New York

Re: judgements

I understand your question to be "Can a judgment be discharged (wiped out) in a bankruptcy?"

The answer is that if there is a judgment against a debtor, the debtor's personal liability may be discharged (wiped out) in bankruptcy, provided that the judgment is not for a non-dischargeable debt. If the debtor owns property against which a judgment lien has been placed or executed, the debtor�s filing bankruptcy will not extinguish (wipe out) the judgment lien against the property unless the lien is avoided (set aside) through an adversary proceeding (lawsuit) in the bankruptcy case.

So, for example, if a debtor owns a house and an abstract of judgment has been recorded in the county, filing bankruptcy doesn�t eliminate the judgment lien against the house. But, it may be possible to set aside the lien through a lien avoidance action in the bankruptcy case.

Certain types of debt are nondischargeable (don't get wiped out in bankruptcy). For instance, domestic support obligations (such as alimony, child support, etc.), drunk or drug driving obligations, most obligations to the government (such as criminal penalties, fines, etc.), most taxes, and debt incurred based on fraud or intentional harm to the debtor, among others.

Check out the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm for more info. regarding this topic and consumer bankruptcy issues generally.

Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Good luck with your legal matter.