Quick question; Do Judgments fall under Bankruptcy protection?

[The Doctor.]

Anyone know this? I can't get a hold of my lawyer friend right now. The internets seem to think that Bankruptcy eliminates civil judgments.

Anyone know for sure?

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.

[rzemanfl]

3. That's not a word looked upon kindly around here. I am careful

not to use it at DU, but cut me off or tailgate me? That's another story.

[Lucky Luciano]

4. LOL he certainly did worse than tailgate me! Stole my intellectual property

And sold it someone else and paid me zero! The word indeed applies!

[rzemanfl]

5. With a name like yours you should be able to have him whacked,

rub him out, put the zotz on him, fit him for cement overshoes. The point is that the word c**ks**kers is frowned upon here almost as much as c**t is.

[Lucky Luciano]

6. Woops - I thought you were referring to Guantanamo!

Seriously - had no idea c**k****er was a super bad word - I always considered it in on par with the F-Bombs which get thrown around here like crazy.



You are right - maybe I should have my boys Moose and Rocco get after this guy - after he gets sent to Guantanamo!

[rzemanfl]

11. It offends the GLBT folks. eom

[FBaggins]

2. There isn't a simple yes/no answer to that. Sorry

They CAN be discharged, but not in all cases.

For instance... if the judgement is related to a loan, it could easily be included. If it's related to a claim of fraud, it probably won't be.

Your lawyer really is your best resource for particulars.

[TexasObserver]

7. You need someone currently practicing in bankruptcy court to advise you.

Most judgments are dischargeable in bankruptcy. A judgment based upon fraud is not dischargeable, however, and survives bankruptcy. If someone files for bankruptcy after you've filed suit, you can file a Motion with the bankruptcy court allowing that case to go forward, or you can bring that suit to the bankruptcy court for adjudication by the bankruptcy judge in something called an Adversary proceeding.

If you get a determination of fraud, you will have a claim that is not discharged by the bankruptcy, if you properly protect that finding in the bankruptcy court. If you fail to protect your position in bankruptcy court, however, you will not be protected. So get a good bankruptcy lawyer to tell you what you must do to protect yourself.

[The Doctor.]

9. Good info, thanks!

That's fairly well in line with what I've found so far.

Thanks again.

[Land Shark]

8. THere aer exceptions for judgments for fraud, child support, other things.ask yer lawyer anyway n/t

[RebelOne]

10. Yes, I had 3 judgments against me and filed a Chapter 13.

I had to pay them, but any further legal action was stopped.