Will the judgment against me be discharged if I file for bankruptcy?
There is a judgment against me because I was uninsured and involved in an accident. It did not involve a DUI but I still lost my license. If I file for bankruptcy will this judgment be discharged? Thanks in advance!
Answered By: Law Office of Barbara Seeley Curtis
It will stop collection. It can be removed from your real estate now.
Answer Applies to: Florida
Replied: 8/15/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 8/15/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: David Nelson
Absolutely.
The bankruptcy code states clearly that judgments are made void by your discharge. The effect of a bankruptcy discharge is to create a permanent injunction prohibiting collections.
The moment that you file your case a temporary restraining order is created that prohibits all collections too. If a creditor is about to file a lawsuit, they must stop. If they have filed it and a trail is about to start, it must stop. If they have already obtained a judgment and have summoned you to a judgment debtors exam, (file the bankruptcy first and then go to the judgment debtors exam with the proof that you filed the bankruptcy) and that stops. If they have started a wage garnishment, it must stop, you just notify the sheriff. If they have already levied your bank account, you have a good chance of getting the money back, (you may need to get a court order directing the sheriffs office to send you the money though) and if they have recorded the judgment with the county recorders against your house, you can in most cases remove it or reduce it by getting an appropriate court order from a bankruptcy court judge.
Call me if you are in the Riverside Area or any other area of California. If you are not in California, please call an attorney from your state.
Answer Applies to: California
Replied: 8/13/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
The bankruptcy code states clearly that judgments are made void by your discharge. The effect of a bankruptcy discharge is to create a permanent injunction prohibiting collections.
The moment that you file your case a temporary restraining order is created that prohibits all collections too. If a creditor is about to file a lawsuit, they must stop. If they have filed it and a trail is about to start, it must stop. If they have already obtained a judgment and have summoned you to a judgment debtors exam, (file the bankruptcy first and then go to the judgment debtors exam with the proof that you filed the bankruptcy) and that stops. If they have started a wage garnishment, it must stop, you just notify the sheriff. If they have already levied your bank account, you have a good chance of getting the money back, (you may need to get a court order directing the sheriffs office to send you the money though) and if they have recorded the judgment with the county recorders against your house, you can in most cases remove it or reduce it by getting an appropriate court order from a bankruptcy court judge.
Call me if you are in the Riverside Area or any other area of California. If you are not in California, please call an attorney from your state.
Answer Applies to: California
Replied: 8/13/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Halpern Law Offices
YES! The settlement will likely be discharged. We will be happy to talk to you about your Bankruptcy in more detail for free. Please call us.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Are my children's education funds included in a bankruptcy?(1/16/2012)
- Can I cancel my bank account before the creditors take my money?(1/16/2012)
- Is it possible to file for bankruptcy if I am outside the country?(1/16/2012)
- What happens if I change my mind about the chapter 13 payment plan?(1/16/2012)
- Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?(1/15/2012)
- If two names are on mortgage, if one files for bankruptcy can the other lose the home?(1/14/2012)
- Can I file for bankruptpcy if my divorce is not finalized yet?(1/5/2012)
- Can I still file for a chapter 13 bankruptcy if I just got fired?(1/5/2012)
- After a chapter 13 bankruptcy what assets am I allowed to keep?(1/5/2012)
- What happens if I file for a chapter 7 bankruptcy and my debts are not all liquidated?(1/5/2012)
- What happens if I file for bankruptcy while my home goes into foreclosure?(1/5/2012)
- If I file for bankruptcy can I still use my credit cards?(12/28/2011)
- Can I leave the country if I am filing for bankruptcy?(12/22/2011)
- Can filing for bankruptcy prevent me from taking out a student loan?(12/22/2011)
- Can I file for bankruptcy before I am married?(12/22/2011)
- Can I get my bankruptcy removed from my credit report?(12/21/2011)
- Why is the bank still calling me if I am filing a chapter 7 bankruptcy?(12/21/2011)
- Can I keep my bankruptcy petition private?(12/21/2011)
- Is there anything I can do if a creditor files bankruptcy for me?(12/21/2011)
- When is it too late to add anything to my bankruptcy file?(12/21/2011)
