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Debt Relief – Insolvency – Bankruptcy Information » Bankruptcy Help » If I file bankruptcy after a judgment is placed against me, will it erase the judgment?

If I file bankruptcy after a judgment is placed against me, will it erase the judgment?

I’ve been sued by an account that was turned over to a law office. I want to file bankruptcy but I need time to come up with the money. What I’m wondering is, when I appear in court march 9th and they obtain a judgment for me to pay x amount per month, will I be released from this obligation when I file bankruptcy or will I have to continue paying it because I entered into a new agreement? Thanks for the help.

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2 Responses to "If I file bankruptcy after a judgment is placed against me, will it erase the judgment?"

  1. Wendell says:
    It depends on several factors. If it a tax obligation, child support, or a student loan, you will still have to pay it no matter what your circumstances are. Otherwise it is up to the bankruptcy court. If it is determined you have the means to pay, you might have to pay it. It really depends on that. The law was changed about 4 years ago that prevents people from discharging debt that they can pay but just don’t want to. The banks now have the upper hand!
  2. Softtouchmale says:
    Bankruptcy will discharge most debts except for child support, some alimony, unreported taxes, criminal fines, DUI judgments and a few other exceptions.

    If this is an account in collections, its likely consumer debt which is generally dischargeable.

    You should contact a reputable bankruptcy attorney in your jurisdiction.

    Please be responsible if you do intend to file bankruptcy.

    Bankruptcy is a process designed to help people ‘get back on their feet’ financially and bankruptcy protection is a critical part of that process.

    Once you file, you will not have to enter into any new agreements with those creditors. If its a chapter 7 case, the debt will be wiped out by the discharge. If you file under chapter 13, you will pay a portion of your existing debts over a five year period, but the court will enter an order approving what’s known as a chapter 13 plan.

    Please be up-front and honest with your lawyer. Remember you are obligated to answer all questions in your bankruptcy papers honestly and truthfully.

    If you own property or have an income tax refund coming, please be up-front about that with your lawyer, and be sure to describe everything with replacement values if you had to replace the property. Understand that when you file for chapter 7 bankruptcy your property becomes the property of the trustee for the creditors, and if you file a chapter 13, you are required to preserve that property until your plan is completed and you receive your chapter 13 discharge.

    In many cases your lawyer will find exemptions which would exempt your property from the court, the trustee and your creditors so you can keep certain property free of any claims. But you can only exempt property that is reported in your papers.

    Failure to be completely honest with your lawyer and in your filings creates problems for the system and you. And it can lead to criminal and civil penalties.

    The bankruptcy code and the courts are a veritable minefield and lawyers are well-trained to deal with those issues. The more they know about you and your financial situation, the better prepared they will be to file your papers and make the case go through to discharge seamlessly.

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