Legal Question in Bankruptcy in Pennsylvania

Re: judgment/tortfeasor

Generally, most debts are discharged in bankruptcy, regardless of whether a judgment was obtained prior to filing. Judgments, to the extent they are a personal liability of the Debtor, are voided. That means that, unless the judgment was obtained in the Court of Common Pleas in the county where the Debtor owns real estate, the debt will be completely eliminated. If he had real estate in the county where the judgment was entered, the judgment became a lien on that real estate. The judgment lien can be removed, but he must file something in the bankruptcy court and provide you the opportunity to defend.

There are exceptions to the discharge. Some of the exceptions are automatic such as criminal penalties, alimony and student loans. Others require the creditor to file a complaint in the bankruptcy court by a certain deadline to seek a determination that the debt survives the discharge. The most common such complaint is one based upon fraud. If the debtor committed fraud, the fact of the judgment will be helpful. The facts "proven" by the judgment cannot be challenged in the bankruptcy court. Thus, you would be well on your way to proving your case.

However, if the debt was not obtained through fraud, or the result of a wilful and malicious injury, but is simply an unpaid obligation, there is no action for you to take.

I strongly urge you to contact a bankruptcy attorney immediately to assure you do not miss any potential deadlines. I trust this has been helpful, but feel free to call or E-mail on a free initial basis.

Re: judgment/tortfeasor

A debt that is listed in the bankruptcy petition can be eliminated by the discharge. It does not matter whether it has been reduced to judgment.

This is general information and not legal advice. Please contact me if you want to discuss forming an attorney-client relationship.