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Would our judgment awarded by courts prior to defendants chapter 13 bankruptcy take precedent to the assets before the assets are taken in the bankruptcy?
Wiki User
∙ 13y ago
No.
Wiki User
∙ 13y ago
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When a credit card company is awarded a judgment can you include this judgment on a Bankruptcy in CA?
The short answer to this question is YES.
Can a person in who files bankruptcy get out of paying a court awarded judgment in Arizona?
Yes. Not if the judgment was for a case involving fraud. And the state doesn't make any difference, unless there is a state bankruptcy procedure that you are using.
Can you declare bankruptcy on a judgment for a car accident and if so would you be able to get a license again if it was revoked as a result of the judgment?
No, judgments awarded due to personal injury or property damage are not dischargeable under bankruptcy law.
Can the debtor file for bankruptcy after a creditor is awarded a default judgment because the debtor did not make a court appearance?
Yes, most judgments can be discharged in a chapter 7 bankruptcy.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.
If you file a bankruptcy petition does that change the status of a debt on a judgment to the creditor?
A judgment is final and does not change. The creditor was awarded and filing bankruptcy is a different issue. Also state laws vary. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised.
If you are awarded a judgment for a conversion action can that person get out of paying the court judgment in Pennsylvania through the use of bankruptcy?
Yes, in any state. You may, if the statute of limitations has not run (out), file a criminal complaint and ask for a restitution order. That would not be dischargeable.
Will filing for bankruptcy affect a judgment against you?
A bankruptcy doesn't dismiss another legal action, like a judgment. But you can include the plaintiff's claim in your bankruptcy. The judge may allow this debt and discharge it along with all your other obligations.
How do you fight a judgment that has been awarded to a plaintiff and if you didn't know the facts about counter suing the plaintiff for breach of verbal contract?
If a judgment has been awarded by the Court, you can no longer fight it. If your state allows, and you are within the statute of limitations (usually 30 days after the judgment has been awarded) you may be able to appeal.
What is an outstanding judgment?
A judgment is a court order giving a creditor or someone who is owed money (such as money that was borrowed from a friend) the legal right to collect the debt in accordance with the laws of the state. The term "outstanding" indicates the judgment has not been paid or settled, but is still valid. A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.A judgment that has been awarded to the judgment plaintiff but has not been paid by the judgment debtor.
When money Judgment enter and filed for x amount after defendant failed to answer Complaint do you have to proove money claim for x amount or the Plaintiff is automatically awarded x amount?
Once judgment is awarded, the plaintiff has not further need to prove anything. The problem then becomes collecting the money awarded in the judgment. This is neither automatic, nor is it always easy.
