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-   -   Judgements and bankruptcy (https://www.askmehelpdesk.com/showthread.php?t=232615)

  • Jun 30, 2008, 11:25 PM
    lakota2000
    Judgements and bankruptcy
    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
  • Jul 1, 2008, 06:45 AM
    George_1950
    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
    But the judgement lien requires special treatment: Consumer Corner | American Bankruptcy Institute Journal | Find Articles at BNET
    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.

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