Legal Question in Bankruptcy in Texas

Can someone get a court ordered debt dismissed by filing bankruptcy?

The family law court ordered that this gentleman reimburse me for drug tests that he failed during a custody suit. He now says that not only is he not going to pay me back, he is going to file bankruptcy and I won't get any money. My question is can I file a judgement against him prior to the bankruptcy for the amount he owes ($960) and if so would he be able to have this dismissed as part of the bankruptcy filing? Also, can this be put as a lien against his residence or property? Can this be filed as an ''abstract of judgement''?


Asked on 9/05/01, 10:15 pm

1 Answer from Attorneys
Cole Fulks Cole Fulks, P.C.

Re: Can someone get a court ordered debt dismissed by filing bankruptcy?

He might very well discharge the judgment as an unsecured debt(if it is not abstracted) or by filing a motion to avoid a judicial lien in the bankruptcy court. Get your judgment abstracted and start collection proceedings against him (to include reporting the judgment on his credit report) so that you will know when to file a proof of claim in his bankruptcy case. Raise enough "you-know-what" and you might succeed.

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Answered on 10/24/01, 11:26 pm


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