0
What else can I help you with?
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?
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.
Can you file for bankruptcy if you have a civil judgment for contractually liable debt in California?
Yes, you can file for bankruptcy in California even if you have a civil judgment for contractually liable debt. Filing for bankruptcy can potentially discharge or restructure that debt, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13). However, certain debts may not be dischargeable, and it's important to consult with a bankruptcy attorney to understand the implications of your specific situation.
Are utilities in chapter 7 bankruptcy dischargeable debt?
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.
Can you claim a civil judgment debt on any type of bankruptcy?
It depends on what the civil judgment was for. For example, judgments for medical or credit card collections may normally be discharged by any chapter of bankruptcy. But, if for example the civil judgment was for damages caused from drinking and driving, or for an intentional tort, such as battery or conversion, (and yes I'm talking about the civil actions that may be brought by individuals for these acts, not the criminal acts which may be brought by the State), then the civil judgment may or may not be dischargeable by chapter 7, and filing chapter 13 may be more adviseable. You'd need to do some research or to speak to an attorney in your jurisdiction to know for sure. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How can a civil judgment be placed after bankruptcy Mortgage included in bankruptcy and after discharge bank filed civil judgment for amount of mortgage Can they do thid?
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.
Can you file bankruptcy on a civil lawsuit judgment?
If you have pleaded no content to a negligent homicide and have been convicted and the family of the deceased files a civil lawsuit against you in Montana where the accident took place, can you file bankruptcy?
How do you stop a civil suit that was left out of my chapter 7 bankruptcy?
You can re-open your chapter 7 and amend the relevant documents. Some bankruptcy districts still maintain that unsecured debts not omitted for fraud or other illegal purpose are discharged even though not listed. Check with a local bankruptcy lawyer for your court's practice.
Can you file bakrupcy on a civil judgment?
No, they are exempt from the bankruptcy laws.
Are personal injury judgments admissable to bankruptcy?
No. If you owe money to another base on a personal injury judgment against you then it is really not fair to that person for you to have the debt discharged in your bankruptcy proceeding. Civil settlements/judgments are in the category of nondishcargeable debts and will remain with you until you pay them!
How do you collect a Civil Court judgment if the defendant declared bankruptcy?
If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.
How do you remove a civil judgment that has been released by the courts from your credit report especially when the original debt was included in a chapter 7 bankruptcy?
You need to get the release from the courts and send it to the credit reporting agency to ask for it to be removed.
Can you file bankruptcy against a social security overpayment debt?
It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
