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lakota2000
Jun 30, 2008, 11:25 PM
I had a judgment brought against me this year and I filed a "notice of right to have exemptions designated" But since I have no income I need to file chapter 7. I have 2 questions if you will:

#1 Can I include a court judgment against me in a chapter 7 bankruptcy? Does the bankruptcy wipe it clear, or will it stay in force for the entire 10 yrs + regardless of the bankruptcy.

#2 Can the creditor (of that judgment) go to the creditors meeting during the court hearing for the bankruptcy and ask the court not to include the judgment or set a side the judgment? If that answer is yes what's the likelihood that the judge will not make the judgment part of the bankruptcy?

Whew! Thanks a bunch

George_1950
Jul 1, 2008, 06:45 AM
Welcome to AMHD. As for Question 2: The meeting of creditors allows persons to ask limited questions about the information disclosed or not disclosed on your petition and statement of affairs. A judgement is not set aside or included at the meeting of creditors.
As for Question 1: The underlying debt is discharged. See: Dischargeable Debts (http://bankruptcy.lawyers.com/Dischargeable-Debts.html)
But the judgement lien requires special treatment: Consumer Corner | American Bankruptcy Institute Journal | Find Articles at BNET (http://findarticles.com/p/articles/mi_qa5370/is_200611/ai_n21402798)
Make certain your attorney files appropriate motion(s) to avoid judicial liens against any creditor who has a judgement against you. If your attorney is unaware of the procedure, then find another.