Legal Question in Bankruptcy in Texas
We were recently awarded a 10k judgement for attorney fees in a custody case. The person who owes the judgement may file for bankruptcy in Texas. If so, could our judgement be discharged? If so, what would you advise? Thanks in advance for your time.
2 Answers from Attorneys
Q: The person who owes the judgement may file for bankruptcy in Texas. If so, could our judgement be discharged?
A: No. See the 5th Circuit Court of Appeals opinion issued in Dvorak, 986 F.2d 940 (5th Cir. 3-26-93). You should hire a bankruptcy lawyer to file an adversary lawsuit in the bankruptcy court to have the debt declared to be non-dischargeable.
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Child support obligations cannot be discharged in bankruptcy. However, if the judgment debtor files bankruptcy, you will have to act to protect the debt from being discharged.
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