If in a chapter 13 can a judgment still be filed?

Answer 1

Generally the answer would be no with some very limited exceptions. While you are in a Chapter 13, the automatic stay prohibits nearly every type of debt collection activity. If a creditor takes action against you in violation of the stay, your attorney can file a motion for fines and penalties against the creditor.

Answer 2

It depends on the natures of the debt, but the answer is almost always yes. There are a few types of debts that are automatically nondischargeable (i.e. child suppport) and other types that are nondischarge if the creditor takes the proper legal steps to avoid the discharge (i.e. fraud). However, most civil judgments are dischargeable.

One word of caution: even if if a judgment is discharge, any judgment liens are NOT automatically discharged and may require further proceedings to be filed with the bankruptcy court.

Answer 3

Yes, but judgments based on assault, batterry, fraud, drunk driving (basically bad acts on your part) are NOT dischargeable. If you have judgments based on money owed for example, then yes it WOULD be dischargeable.

Answer 4

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.

Answer 5

Technically yes and no. You could 'convert' your case to a chapter 7, but that would mean you have to meet the conditions for a chapter 7 case. Which involves wages being a certain amount; and the like.

No. You can only have one bankruptcy open at a time. If your financial situation worsens, or you have a short-term drop in tour income, you can suspend or withdraw your chapter 13, or convert to a chapter 7. If the secured debt arrears have been paid, usually in the first year of a plan, you may be able to terminate the chapter 13 and get a discharge. This is a very complicated area of bankruptcy, so consult an experienced local bankruptcy lawyer.

Answer 6

Yes, it will just mean that you will become one of the claimants among many others.

Answer 7

Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.