Can I file bankrupt on a civil suit? 29 Answers as of February 11, 2013

Our landlord's mom has sued us, and won, on damages to a residential property. Although we had evidence to prove her wrong, she still won.

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Law Office of Norman Moore
Law Office of Norman Moore | Norman P Moore Jr
Yes, a civil judgement is a debt that must be listed in bankruptcy.
Answer Applies to: Wisconsin
Replied: 2/11/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
The debt could be discharged in bankruptcy, providing the damage to the property was not the result of "willful and malicious" actions.
Answer Applies to: New York
Replied: 2/6/2013
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Yes, a bankruptcy will discharge a civil suit.
Answer Applies to: Virginia
Replied: 2/6/2013
Law Office of Sean P Fleming
Law Office of Sean P Fleming | Sean P Fleming
Yes, you can include a civil lawsuit in bankruptcy.
Answer Applies to: Illinois
Replied: 2/6/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
Yes, a judgment against you can and should be listed in your bankruptcy schedules, along with credit card debts, medical bills, and so on. If the judgment creditor recorded an abstract of judgment and you own any real property, you may want to seek to have the judgment lien removed as well. Check with your bankruptcy attorney about this. Good luck.
Answer Applies to: California
Replied: 2/6/2013
    Durham Jones & Pinegar | Erven Nelson
    If you file a bankruptcy, it covers all of your debts (with a few exceptions) and you must list all of your creditors. You can't file bankruptcy on one or two creditors you owe money to.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    Yes, filing chapter 7 bankruptcy should absolve you of liability in that lawsuit.
    Answer Applies to: Texas
    Replied: 2/6/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, you may, unless the debt was incurred through fraud, and this is nothing of the sort.
    Answer Applies to: California
    Replied: 2/6/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Yes, civil judgments may be discharged in bankruptcy.
    Answer Applies to: Georgia
    Replied: 2/4/2013
    The Michigan Bankruptcy HQ
    The Michigan Bankruptcy HQ | Joseph P. Saulski
    Most civil lawsuit judgments can be discharged in bankruptcy. The exceptions are those cases in which a debt for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition.
    Answer Applies to: Michigan
    Replied: 2/4/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can, for the most part, eliminate civil judgments in bankruptcy, but if this one debt is your only reason for considering bankruptcy, I would be looking at other ways to resolve this problem. Bankruptcy is appropriate when you have overwhelming debt problems.
    Answer Applies to: Nevada
    Replied: 2/4/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file for civil judgments.
    Answer Applies to: California
    Replied: 2/4/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can file but.... was the judgement for destruction of the premises. If that is the case she can object to your discharge (see 523(a)(6) of the bankruptcy code. A good lawyer has took at the state court judgement carefully to see what it says.
    Answer Applies to: California
    Replied: 2/4/2013
    Debt Relief Law Center | Roger J. Bus
    Yes, you normally can file a Chapter 7 on civil suits- as long as not alcohol or drug related, or for a "malicious" tort.
    Answer Applies to: Michigan
    Replied: 2/4/2013
    Lyndon Ruhnke, PC
    Lyndon Ruhnke, PC | Lyndon Ruhnke
    You can file a bankruptcy on civil judgments, there are limitations and you should consult a bankruptcy attorney to be sure that the debt is dis chargeable. Depending on the damages claimed and how they allegedly happened there could be a basis for an adversarial claim by the creditor, but in most cases ordinary damages to a residential rental are fully dis chargeable in bankruptcy.
    Answer Applies to: Oregon
    Replied: 2/4/2013
    Stephens Gourley & Bywater | David A. Stephens
    Yes you can.
    Answer Applies to: Nevada
    Replied: 2/4/2013
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, you can. You can definitely include civil lawsuits and judgments on civil lawsuits in the debts that you discharge.
    Answer Applies to: California
    Replied: 2/4/2013
    France Law Group, LLC.
    France Law Group, LLC. | Scott France
    Great question! Generally speaking a debtor may file bankruptcy on a civil judgment. However, some exceptions do apply so I am advising you to consult an experienced bankruptcy attorney on this matter.
    Answer Applies to: Ohio
    Replied: 2/4/2013
    Danville Law Group | Scott Jordan
    Yes, bankruptcy would most likely result in a discharge of that type of debt.
    Answer Applies to: California
    Replied: 2/4/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes. Most civil judgments can be discharged in bankruptcy. You should consult with an experienced bankruptcy attorney to explore your options.
    Answer Applies to: Colorado
    Replied: 2/4/2013
    Kyle L. Mastro - Attorney at Law
    Kyle L. Mastro - Attorney at Law | Kyle L. Mastro
    Yes, you can file a Chapter 7 bankruptcy and get rid of the consequences of a judgement. Essentially the judgement become uncollectable. If it's a Law Division Judgement it's automatically a lien on real property (though that doesn't sound like it would apply as you were renting) and that's a little more involved, but can still be eliminated.
    Answer Applies to: New Jersey
    Replied: 2/4/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you can include that debt in a chapter 7 and have it discharged.
    Answer Applies to: New York
    Replied: 2/4/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    IN New Jersey, Yes, on those facts, you could.
    Answer Applies to: New Jersey
    Replied: 2/4/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    That might be one of your alternatives, speak with your attorney, and if you do not have one, call and engage my office or call a mother attorney for advice
    Answer Applies to: Michigan
    Replied: 2/4/2013
    Attorney at Law | David Holbrook
    If she alleged in the suit that the damage was intentional, the claim may be non-dischargeable. She would need to file a non-dischargeability action in bankruptcy court.
    Answer Applies to: Georgia
    Replied: 2/4/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Yes, but you need to consider whether bankruptcy is best at this time. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 2/4/2013
    Gateway Legal Group | Christian J. Albut
    Yes. You can file bankruptcy on a civil case or a judgment on a civil case. They are considered unsecured debt.
    Answer Applies to: California
    Replied: 2/4/2013
    Pitt, Hay, and Hugenschmidt
    Pitt, Hay, and Hugenschmidt | Edward C Hay
    Yes, this claim can be included in a bankruptcy case.
    Answer Applies to: North Carolina
    Replied: 2/4/2013
    Ken Love Law | Kenneth Love
    You most likely can, speak to an attorney in your area.
    Answer Applies to: North Carolina
    Replied: 2/4/2013
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