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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?

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2011-09-12 14:50:33
2011-09-12 14:50:33

No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.

AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.
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If a judgment was included in, and discharged by, your bankruptcy; there is no need to obtain a separate disposition. Write the credit bureaus and send a copy of your bankruptcy papers which show this judgment included. That should suffice to have the judgment removed from your report and the original tradeline from the debt marked "included in BK". Talk with an attorney or go to a bank that has a notary service.

If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".

No, once a judgment is discharged it goes away and can not be reinstated. Any creditor that goes after a debt that has been discharged can be fined or sanctioned by the court.

If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.

If the accident was not caused by drug or alcohol or deliberately, the judgment can be discharged in bankruptcy. You cannot file just for the judgment. ALL creditors must be listed, and you might have to do a chapter 13.

The question is what kind of judgment. If it is a judgment lien on property you would have to specficially have the Court void the lien. Mere discharge does not eliminate a valid lien. If you didn't own real property at the time of bankruptcy, generally, a judgment lien cannot attach post-filing. There is no need to eliminate this lien because it is void.

Not if the debt was discharged in the bankruptcy. If the judgment was on the credit report before the bankruptcy was filed and/or was discharged in the bankruptcy, the entry will still remain on the CR for seven years.

If the bankruptcy is discharged you are no longer responsible for the debt.

Bankruptcy does not void the judgment. It simply makes it noncollectable because it was discharged in the bankruptcy like any other debt.

No. Court judgments can NOT be discharged in bankruptcy.

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.

To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.

To avoid paying the judgment??? No. Court-ordered judgments are not discharged in bankruptcy.

The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.

Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.

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.

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 the judgment was included in the bankruptcy--many are not--then you take the relevant papers showing that it was paid to the court that issued the judgment. If they consider it paid, then they will issue a receipt to you. Send copies to the credit scoring companies and keep one in your permanent file.

You become the only person responsible for the debt. Your friend's obligation to pay the judgment ends once your friend gets his or her discharge order from the bankruptcy court.

That's not blanket protection, you are only protected from the included creditors that are dischargeable and discharged. They must cease all action when you file, but after case is over those not discharged or included can get judgements. If it is for a discharged debt it can be vacated. A lien is coming your way, so get rid of it.

If the judgment debtor is already in bankruptcy, there is nothing you can do. If the judgment is for a debt for which discharge is not allowed, it survives the bankruptcy. If no bankruptcy has been filed, you can try to attach or levy on some property of the debtor that has some value, or equity.

Yes, but the judgment may not be discharged in BK without compensation.

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.

A collection agency, or any party, can only freeze your bank account IF they have sued your first and won a judgment against you. If you file for bankruptcy, it will not immediately release the levy on the account. The court that rendered the judgment must be notified of the bankruptcy filing, as well as the judgment creditor. The account could remain frozen until the outcome of your bankruptcy. If your bankruptcy, and the judgment debt is discharged, then the bank account must be released. It is possible to release a levy before discharge, but it will usually require the bankruptcy attorney to do it.


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