Legal Question in Bankruptcy in New York
Judgments discharged in bankruptcy
Regarding chapter 7 bankruptcy:
1. How can I find out if a small claims judgment, entered a couple years before bankruptcy was filed, has been "discharged" by the bankruptcy? Does it mean that the judgment can no longer be collected?
2. If it hasn't been entered as discharged, is the debtor still liable for the debt, or can payment still be applied for from some sort of appointed trustee of the bankruptcy?
1 Answer from Attorneys
Re: Judgments discharged in bankruptcy
Wow, that's a lot of stuff.
Generally a judgment is dischargeable in bankruptcy.
However, if the judgment was a lien on real or personal property, the lien might cause a problem in bankruptcy, and the judgment creditor might be able to get his money.
If the judgment was not even listed in the bankruptcy, it might not be discharged. You would need to get the file to see. Or, if you are the creditor, and you in fact received a notice during the bankruptcy, the odds are pretty good that it was in fact listed, and therefore discharged.
Better not to try to enforce the judgment until you sort it all out. It's not too difficult to go request the file at the bankruptcy clerk's office to find out for sure what happened.
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