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I have a judgment from divorce and my wife put it in her bankruptcy can you fight this so as you don't lose the money or judgment?
Wiki User
∙ 12y ago
Your not going to like this, but the answer is definitely maybe.
Depends on what the decree and marital settlement agreement says, or better put, how it is worded. Generally speaking, under the new laws if she was ordered to pay certain things in the decree, those items may very well not be dischargeable. But, general things and depending on the wording, etc...they may well be.
Now, if her bankruptcy was started before your divorce was final....that's an entirely different story....and you really need to get your divorce attorney acting on it....(basically, she'll get the BK, but in the divorce, you'll get an amount to make up for what she got).
Wiki User
∙ 12y ago
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Can a judgment be collected from a dissolved corporation?
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.
Can bankruptcy stop a divorce?
Bankruptcy can maybe stop the other person taking money from you but it wont stop them claiming the rights to your assets.
Should you file bankruptcy when there is a foreclosure and pending divorce situation and you do not want to keep the house and can not repay any money still owed to the lender?
If the mortgage is in both names, or if there is significant joint debt, you are better off filing bankruptcy jointly before the divorce is final. If the mortgage company forgives the balance, it will count as income to you and you will have to pay taxes on it in the following year, unless you file bankruptcy. Or the mortgage company can sue on the deficiency and get a judgment good for 10 or 20 years. Unless you file bankruptcy.
Is a Divorce Judgment considered a money judgment?
No, but for the purposes of collecting on a specific debt, such a stipulation can be spelled out in the divorce decree. You will then have the legal empowerment to collect on the debt. It needs to be separate line item in the divorce. The type of debt needs to be indicated, alont with a specific dollar amount that needs to be collected. Your attorney can draft this into the divorce decree. == ==
Can your motor vehicle license be suspended if you have a judgment against you in Pennsylvania?
Yes, you can settle, make payments, file bankruptcy or move to a state that the DMV does not recognize the judgment. Many states are creating legislation to block their states from a national DMV. Bankruptcy is not good for the judgment holder since they would see nothing as far as money, so settling is in your favor. Also bankruptcy will muck up your credit for years.
How can you satisfy a credit card judgment?
Your options are somewhat limited. The judgment is a legal determination that you owe the money. You can (1) simply contact the judgment creditor and/or their attorney and tender payment of the judgment; (2) negotiate a payment plan or reduced settlement; or (3) file for bankruptcy.
Can ex spouse sue for damages after divorce and chapter 7 bankruptcy in which she was listed along with the home in the bankruptcy but didn't declare being a lien holder and had not paid any money?
Yes the spouse who denies that she or he held a property at the time of divorce to avoid more payment is guilty of perjury.
Will filing bankruptcy defeat liens from a court judgment?
Judgment liens survive a bankruptcy unless you file a motion to remove the liens under section 522(f) of the Bankruptcy Code. Even then, the court can only strip the lien if it interferes with your right to claim the property as exempt. An exemption is the amount of equity in the property that the law allows you to keep in a bankruptcy. In California, the homestead exemption is $75,000 for most married couples. Suppose you have a condo worth $250,000, mortgages that total $200,000 and a judgment lien for $10,000. The judgment lien interferes with the homestead exemption and could be stripped if the proper motion was filed in a chapter 7 bankruptcy.
If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?
No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.
How do you fix a judgment against you when the company that sued you has filed bankruptcy?
The judgment becomes an asset of the bankruptcy estate and thus the "property" of the trustee. The trustee may decide to abandon the judgment as not worth collecting, or may pursue its collection. Either call the trustee's office or check the docket and documents in the bankruptcy court. If by "fix" you mean pay, check with the trustee's office before sending any money or bank check to anyone. You may be able to settle the claim for less than the full amount. If you are uncomfortable doing it yourself, get a bankruptcy lawyer.
If you file business bankruptcy do you also file personal bankruptcy?
I suppose you could, but even if you did manage to get the financing together to open another business, any profits from it would be subject to seizure by the court and the bankruptcy trustee to pay off the bankruptcy judgement. There is no bankruptcy "judgment." If the bankruptcy is over and you have your discharge, you can open a business, and any money you make is yours. Providing the first bankuptcy is discharged.
Can i get a lien on my ex husbands house if he owes me money on a judgment for alimony?
You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.
