Legal Question in Civil Litigation in West Virginia
Can someone get out of a judgement aginst them just by filling for bankruptcy?
1 Answer from Attorneys
Filing for bankruptcy is the beginning of the bankruptcy process. The actual discharge of debts comes at the end. Not everyone who files is eligible for a discharge. For example, people who actually can afford to pay their debts will not be granted a discharge, and neither will people who have recently emerged from a prior bankruptcy. Even some people who are eligible don't get a discharge because they mishandle their case.
Some types of judgments are dischargeable, but many are not. For example, judgments for spousal support cannot be discharged. Neither can judgments for fraud.
Since we have no way to know whether you are eligible for a bankruptcy discharge or whether the judgment against you even can be discharged, that's the best answer I can give you.