Legal Question in Bankruptcy in Pennsylvania

Can someone file bankruptcy to avoid paying a civil judgement against them

an execution sale of their personal property has been set already,and they sent me a letter stateing they want to pay me 125.00 a month til debt payed off.they owe 3200.00 due to a landlord/tennant situation.they owe only on a house they just bought a 1000.00 on a 6000.00 house ,no car payment either.i don,t want to make an agreement on the 125.00 a month,because they proved before to me that leases and legal contracts mean nothing to them. husband has full time job and pension from navy,wife does not work,i know also he pays child support. their letter said i have one week to accept there deal of 125.00 a month or she is filing bankruptcy against the judgement. do you think this is just a scare tactic so they dont have to pay me all at once? thank you jim


Asked on 2/03/12, 2:32 pm

1 Answer from Attorneys
Michael Scalia Scalia & Seidel, LLC.

Jim:

I cannot tell you if they are eligible to file but I can tell you that if they file Chapter 7 you will likely receive 0.00. Ask who their Bankruptcy Attorney is. Speak with him/her and see if they are indeed filing. The flip side of the coin is when a Sheriff sale is performed, top dollar is usually not received for the items. Therefore you may still not get what you are looking for. If you agree to their terms I would insist on some sort of interest rate being charged or perhaps stating that the payments shall be for 48 months instead of the 25+ months it would have taken to pay off the debt. At least this way it may be worth your trouble and still allows them to pay off the debt over time. Hope this helps.

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Answered on 2/03/12, 5:17 pm


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