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Most civil judgments can be discharged in BK. With the exception of those that involve debts not allowed to be discharged. Such as child support, some taxes, personal injury due to negligence, and a few others.
Wiki User
∙ 8y ago
Wiki User
∙ 12y agoYes, but judgment LIENS will remain in place unless you file the appropriate motion with the bankruptcy court. You definitely should see an attorney about this. Also, there are new laws taking effect on 10/17/05 that will make it harder to file bankruptcy. You should file as soon as possible if you want to beat the deadline. Any debt that has a paper trail, including civil judgments can be included in a Bankruptcy. Broke means Broke, the courts don't care if its the oil company, or the landscaper, if they are included in the Bankrupcy filing, then they are in the dust for getting paid. You must submit this prior to the hearing in Federal court. Otherwise an amendment would have to be done and that's no easy task. Once the Bankrupcy is certified with the courts, nothing can be added or removed.
Wiki User
∙ 13y agoYes. This is why Bankruptcy protection exists.
Insofar as student loans go, you can include them in your chapter 13 plan and pay them back during the plan period on your schedule rather than the bank's, or you can challenge the debt altogether as one that creates an undue hardship (in an adversarial complaint) and get the debt completely discharged as being unsecured and non-priority.
It is a popular misconception that you can't include student loan sin bankruptcy. It is more difficult to discharge them than it used to be but sometimes it is still possible.
Wiki User
∙ 12y agoNo. Court judgments can NOT be discharged in bankruptcy.
Wiki User
∙ 15y agoIt MUST be included.
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Can you get a civil judgment removed from your credit report if it was included and discharged in a bankruptcy even if the judgment date is later than the bankruptcy discharge date?
Yes, you can have a civil judgment removed from your credit report if it was included and discharged in a bankruptcy, even if the judgment date is later than the bankruptcy discharge date. You may need to dispute the judgment with the credit reporting agencies and provide proof of the bankruptcy discharge to have it removed from your report.
Are utilities in chapter 7 bankruptcy dischargeable debt?
No type of bankruptcy, whether chapter 7, 11, or 13 discharges a civil or criminal judgment against you. Those are considered non-dischargeable debts and will remain with you until you pay them. Be sure to familiarize yourself with what will and will not be discharged before filing for bankruptcy as you may find that much of your debt is nondischargeable in which case bankruptcy may not be the option for you.
Can you claim a civil judgment debt on any type of bankruptcy?
It depends on what the civil judgment was for. For example, judgments for medical or credit card collections may normally be discharged by any chapter of bankruptcy. But, if for example the civil judgment was for damages caused from drinking and driving, or for an intentional tort, such as battery or conversion, (and yes I'm talking about the civil actions that may be brought by individuals for these acts, not the criminal acts which may be brought by the State), then the civil judgment may or may not be dischargeable by chapter 7, and filing chapter 13 may be more adviseable. You'd need to do some research or to speak to an attorney in your jurisdiction to know for sure. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How can a civil judgment be placed after bankruptcy Mortgage included in bankruptcy and after discharge bank filed civil judgment for amount of mortgage Can they do thid?
Assuming a Chapter 7 was filed, if you did not surrender the property to the bank, the bank would file for relief from stay and be able to pursue foreclosure. If you surrendered the property, the mortgage balance was discharged and the bank was in violation of the automatic stay. A notice of the bankruptcy should have been filed with the court the bank sued you in. You cannot ignore legal procedures taken against you after a discharge. You have to respond appropriately.
Can you file bankruptcy on a civil lawsuit judgment?
Bankruptcy can discharge certain types of civil lawsuit judgments, such as those related to debt or damages. However, there are exceptions for judgments related to fraud, intentional misconduct, or certain other offenses. It's best to consult with a bankruptcy attorney to determine if your specific judgment can be discharged.
How do you stop a civil suit that was left out of my chapter 7 bankruptcy?
You can re-open your chapter 7 and amend the relevant documents. Some bankruptcy districts still maintain that unsecured debts not omitted for fraud or other illegal purpose are discharged even though not listed. Check with a local bankruptcy lawyer for your court's practice.
Can you file bakrupcy on a civil judgment?
No, they are exempt from the bankruptcy laws.
Are personal injury judgments admissable to bankruptcy?
No. If you owe money to another base on a personal injury judgment against you then it is really not fair to that person for you to have the debt discharged in your bankruptcy proceeding. Civil settlements/judgments are in the category of nondishcargeable debts and will remain with you until you pay them!
How do you collect a Civil Court judgment if the defendant declared bankruptcy?
If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.
How do you remove a civil judgment that has been released by the courts from your credit report especially when the original debt was included in a chapter 7 bankruptcy?
You need to get the release from the courts and send it to the credit reporting agency to ask for it to be removed.
Can you file bankruptcy against a social security overpayment debt?
It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
Filing chapter 7 after negotation a debt through court?
Assuming you mean a payment plan for a debt that a creditor got a judgment for in civil court, and you are asking if you can file Chapter 7 (and qualify to do so), yes, you can, and the repayment agreement then is subject to the bankruptcy court automatic stay.
