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 you are sued and a creditor gets a judgment against you, you may be able to discharge your personal liability on that judgment in a Chapter 7 bankruptcy. This will depend on whether the underlying debt is dischargeable (meaning you can wipe it out in bankruptcy) or nondischargeable.
That really has no bearing on the bankruptcy proceeding or the judgment. By this I mean that having a judgment against you will not necessarily disqualify you from being able to file for bankruptcy. However, under no scheme of bankruptcy proceeding will a judgment be discharged so if that is the reason for filing for bankruptcy then it will not do any good. Court judgments are under the category of nondischargeable debt.
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.
Bankruptcy is when a person or a firm thinks that they are in financial crisis, they go out for filing bankruptcy in related court.
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.
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
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.
You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.
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.
No. Court judgments can NOT be discharged in bankruptcy.
If the judgment has not yet been granted by a court, it will stop the foreclosure. The mortgagee will have to file a motion for relief from stay to continue. If the judgment has been granted, it may stop the auction of the property. If the property has been sold, it will not have any effect. The answer can depend on your jurisdiction's laws regarding foreclosure, not on federal bankruptcy law, so consult a local bankruptcy attorney.
Doesn't change any of your legal obligations (other than the debts at the court), like filing taxes, or what is due.
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
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.
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
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.
Any time before the filing of the petition (of bankruptcy I presume) with the court.
No. The amount of debt versus the ability to pay may factor in what type of bankruptcy will be accepted by the court.
Absolutely, you can send the notice of bankruptcy filing to the court and you will not have to attend.
A person or persons would need to file for bankruptcy before having any contact with the court and/or bankruptcy trustee. A bankruptcy discharge is what is granted if the filing is deemed valid.
No. It only protects you (financially speaking) from your creditors - NOT from the court. ALSO: Bankruptcy does not wipe out, or excuse, court ordered payments that were in effect prior to the bankruptcy filing.
A company filing for bankruptcy must do so at a court, which is generally a matter for public record. Local procedures will determine the manner in which you can access this information.
No. A discharge in bankruptcy is a permanent injunction against any collection actions for that judgment. The judgment remains on the court records and any liens resulting from it will remain where recorded (registry of deeds, usually).