[dr618]

I was recently sued and lost and I am paying every month in a stipulation. I have to keep paying this amount for 4 months and after that, they will want the full amount which I can't afford. I am thinking of filing for Chapter 7, I know that bankruptcy could stop judgements, but can it stop a stipulation agreement?

[George_1950]

Welcome to AMHD. Yes it can; and to the extent that the creditor has a judgment lien, you will need to file a motion to avoid the judgment lien, even with the discharge of debts you will receive. Check this: Bankruptcy Chapter 7 Personal Consumer Creditors File

[dr618]

Right now they told me a judgement was entered but not enforced, if I were to miss payments it will be. I know that after the 4 months if they are not willing to re-negotiate with me, they will want the full amount and I cannot pay it

[George_1950]

No question that debts can be discharged, but judgment liens are not; the debtor (counsel) must file a motion to avoid any judgment liens, a necessary technicality to get rid of the creditor.

[dr618]

Thanks so much George, if that should happen, and I do want to file, how would I go about doing that so this can be discharged, I am not familiar at all with the legal system.

[George_1950]

I don't recommend you do this yourself; have a competent attorney represent you. Here is a form: SAMPLE FORM INDEX <a href="#2">Sample Form 1:</a> <a href="#2">Notice of <b style="color:black;background-color:#ffff66">Motion</b> for Abandonment and Relief from Stay</a>