The short answer to this question is YES.
Yes. A discharge will depend on whether the claim involved fraud.
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.
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.
Yes...whether the judgment will be discharged or paid in BK....which MUST include ALL your debts AND ALL your assets, no picking and chosing..is another story.
The answer below is applicable to so many of these questions...it actually is copied from one asking the other side...must they include a debt (yours is an asset). Absolutely YES. Bankruptcy has no options. It is not pick and chose what you have or who you owe that you want to disclose...everything is included. They are then given different status.
i receive a judgment for ganishment but i have other bills which i qualify for chapter 7 does it get dismissed if i include it in the bankrutpcy
If there is a judgment in a court for the IRS debt, you do not need to file a motion to include it in your bankruptcy. If the tax due was determined more than 3 years before the filing date, you include it in your Schedule F. If you have already filed your bankruptcy documents, you need to file a motion to amend Schedule F with the bankruptcy court. If the case has been closed, you will need to reopen the case, paying the filing fee, and then your motion to add the debt.
No.
Yes. The automatic stay applies to all debt collection actions at whatever stage.
Of course, it is immensely important to include IRS in a bankruptcy. If you don't some bad naughty things could happen.
Some companies that offer information on bankruptcy include Dow Jones and Jacob Meyers Bankruptcy. You can also find information on bankruptcy on the bankruptcy Wikipedia page.
You have to list everything in you bankruptcy. You may reaffirm what ever you chose to.