Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Quick question; Do Judgments fall under Bankruptcy protection?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:48 PM
Original message
Quick question; Do Judgments fall under Bankruptcy protection?
Anyone know this? I can't get a hold of my lawyer friend right now. The internets seem to think that Bankruptcy eliminates civil judgments.

Anyone know for sure?
Printer Friendly | Permalink |  | Top
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Jan-04-10 05:56 PM
Response to Original message
1. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 06:04 PM
Response to Reply #1
3. That's not a word looked upon kindly around here. I am careful
not to use it at DU, but cut me off or tailgate me? That's another story.
Printer Friendly | Permalink |  | Top
 
Lucky Luciano Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 07:31 PM
Response to Reply #3
4. LOL he certainly did worse than tailgate me! Stole my intellectual property
And sold it someone else and paid me zero! The word indeed applies!
Printer Friendly | Permalink |  | Top
 
rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 08:11 PM
Response to Reply #4
5. With a name like yours you should be able to have him whacked,
rub him out, put the zotz on him, fit him for cement overshoes. The point is that the word c**ks**kers is frowned upon here almost as much as c**t is.
Printer Friendly | Permalink |  | Top
 
Lucky Luciano Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 10:04 PM
Response to Reply #5
6. Woops - I thought you were referring to Guantanamo!
Seriously - had no idea c**k****er was a super bad word - I always considered it in on par with the F-Bombs which get thrown around here like crazy.



You are right - maybe I should have my boys Moose and Rocco get after this guy - after he gets sent to Guantanamo!
Printer Friendly | Permalink |  | Top
 
rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 06:00 PM
Response to Reply #6
11. It offends the GLBT folks. eom
Printer Friendly | Permalink |  | Top
 
FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:59 PM
Response to Original message
2. There isn't a simple yes/no answer to that. Sorry
They CAN be discharged, but not in all cases.

For instance... if the judgement is related to a loan, it could easily be included. If it's related to a claim of fraud, it probably won't be.

Your lawyer really is your best resource for particulars.
Printer Friendly | Permalink |  | Top
 
TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 10:18 PM
Response to Original message
7. You need someone currently practicing in bankruptcy court to advise you.
Most judgments are dischargeable in bankruptcy. A judgment based upon fraud is not dischargeable, however, and survives bankruptcy. If someone files for bankruptcy after you've filed suit, you can file a Motion with the bankruptcy court allowing that case to go forward, or you can bring that suit to the bankruptcy court for adjudication by the bankruptcy judge in something called an Adversary proceeding.

If you get a determination of fraud, you will have a claim that is not discharged by the bankruptcy, if you properly protect that finding in the bankruptcy court. If you fail to protect your position in bankruptcy court, however, you will not be protected. So get a good bankruptcy lawyer to tell you what you must do to protect yourself.

Printer Friendly | Permalink |  | Top
 
The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 07:56 AM
Response to Reply #7
9. Good info, thanks!
That's fairly well in line with what I've found so far.

Thanks again.
Printer Friendly | Permalink |  | Top
 
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 10:48 PM
Response to Original message
8. THere aer exceptions for judgments for fraud, child support, other things.ask yer lawyer anyway n/t
Printer Friendly | Permalink |  | Top
 
RebelOne Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 07:58 AM
Response to Original message
10. Yes, I had 3 judgments against me and filed a Chapter 13.
I had to pay them, but any further legal action was stopped.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Mon May 06th 2024, 04:03 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC