Can a civil lawsuit on money owed to former landlord be discharged in chapter 7? 28 Answers as of April 09, 2014

I have a judgment against me from a former landlord.

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EDWARD P RUSSELL | EDWARD P RUSSELL
Yes that is dischargeable in bankruptcy
Answer Applies to: Minnesota
Replied: 4/9/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Yes, judgments are dischargeable in bankruptcy.
Answer Applies to: Nevada
Replied: 4/4/2014
Stephens Gourley & Bywater | David A. Stephens
The judgment should be dischargeable in chapter 7.
Answer Applies to: Nevada
Replied: 4/4/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
Yes, the debt from prior to the bankruptcy filing will be discharged.
Answer Applies to: Connecticut
Replied: 4/2/2014
Idaho Bankruptcy Law | Paul Ross
Yes, unless the landlord wants to claim some sort of nondischargeability, like fraud, which they would have to prove.
Answer Applies to: Idaho
Replied: 4/2/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    If all you are dealing with is a judgment for money owed to a landlord for regular things, such as, by way of example, excess amounts over deposit used to get your unit back in shape, and you file for bankruptcy relief, it should be discharged if you otherwise qualify. If the judgment has already been turned into a lien (which requires an additional step) and you have property to which it can attach, an additional motion within the bankruptcy case may be needed to get rid of the judgment. You should consult a knowledgeable and experienced attorney about this.
    Answer Applies to: California
    Replied: 4/2/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, that is dischageable.
    Answer Applies to: California
    Replied: 4/2/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    This type of debt would be discharged.
    Answer Applies to: California
    Replied: 4/2/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Yes, a debt to a landlord for past due rent can be eliminated in a bankruptcy, but not a debt that resulted from actions that could be considered criminal in nature, such as intentional destruction of property. However, the judgment may have been recorded and act as a lien on any property you own, so you will want to confer with your bankruptcy attorney about whether you can avoid the lien through your bankruptcy, which is a separate process.
    Answer Applies to: Nevada
    Replied: 4/2/2014
    Danville Law Group | Scott Jordan
    Yes, a successful Chapter 7 bankruptcy will discharge a civil debt such as the one you describe. However, simply filing bankruptcy will not on its own remove the judgment, you will need to take corrective steps with the civil court as well.
    Answer Applies to: California
    Replied: 4/2/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Yes it is dischargeable.
    Answer Applies to: Indiana
    Replied: 4/2/2014
    Michael B. McFarland, P.A. | Michael B. McFarland
    It should be fully dischargeable, unless the judgment includes a finding of fraud, false pretenses or something in addition to the basic money judgment. To be sure, however, you should consult with an experienced bankruptcy attorney.
    Answer Applies to: Idaho
    Replied: 4/2/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    This is most likely dischargeable in bankruptcy, although landlords have been known to allege willful and malicious injury to property as a reason to exempt damages from discharge. The landlord would have to initiate an adversary proceeding in your bankruptcy case in order to keep the debt from being discharged.
    Answer Applies to: Oregon
    Replied: 4/2/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, you can definitely wipe out (discharge) a civil judgment from a former landlord. Be careful if you are in Pennsylvania, because former landlords can garnish wages for past due rents. So, a bankruptcy filing would stop the wage garnishment and would also be discharged in your bankruptcy case.
    Answer Applies to: Pennsylvania
    Replied: 4/2/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Absolutely. The only debts that generally can't be discharged are student loans, child or spousal support, personal injury or fraud claims, and taxes.
    Answer Applies to: California
    Replied: 4/2/2014
    Timothy Trichler Attorney at Law | Timothy R Trichler
    Yes, debts to former landlords are fully dischargeable in a chapter 7. They are listed on the same page as your credit cards and other unsecured debts.
    Answer Applies to: Michigan
    Replied: 4/2/2014
    Ronald K. Nims LLC | Ronald K. Nims
    The only reason for Chapter 7 is to allow the discharge of civil liabilities. A Chapter 7 will discharge liability to a former landlord.
    Answer Applies to: Ohio
    Replied: 4/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably, however, even though you are clearly in financial difficulties, I always recommend that a potential bankrupt see a bankruptcy attorney prior to undertaking any your revocable actions. You should know what is anticipated to be dischargeable and not dischargeable prior to filing.
    Answer Applies to: Michigan
    Replied: 4/2/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Yes it can be discharged unless there is some kind of fraud or misrepresentation involved. However, those kind of actions are rare would mean that you did something very bad. Simply because you did not pay your rent is not enough to stop the discharge of that debt.
    Answer Applies to: Idaho
    Replied: 4/2/2014
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    Yes it can.
    Answer Applies to: Georgia
    Replied: 4/2/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    Yes. Unless the claim was based on fraud, civil court judgments are discharged in a Chapter 7 bankruptcy. Money owed on lease agreements, including past due rent, are also subject to discharge.
    Answer Applies to: Michigan
    Replied: 4/2/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Generally, yes. However, I need more information regarding the judgment before advising further.
    Answer Applies to: Georgia
    Replied: 4/2/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Yes. But if he has a lien on your property already, that will remain.
    Answer Applies to: California
    Replied: 4/2/2014
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