Can I file bankruptcy if I have a judgment filed against me and how? 17 Answers as of August 31, 2015

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The Law Offices of Ryan F. Beach, PLLC
The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
The fact that a debt has been reduced to a judgment does not prevent you from including and discharging the debt in a bankruptcy. Your first step should be to consult with a bankruptcy attorney. In consulting with an attorney, make sure to discuss the judgment. The attorney should be able to give you a good idea how bankruptcy will benefit you and if the judgment impacts the dischargeability of the underlying debt.
Answer Applies to: Michigan
Replied: 4/30/2015
Michael J. Duggar, P.A.
Michael J. Duggar, P.A. | Michael J. Duggar
Generally the answer is yes but there are limited exceptions. You may have to affirmatively remove the judgment if it is a lien on your house but that can be done while in the bankruptcy (but expect additional fees to complete this work of avoiding the judgment lien).
Answer Applies to: Florida
Replied: 4/30/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, many people file bankruptcy because there is a judgment against them. You file a petition with the bankruptcy court in your district.
Answer Applies to: Ohio
Replied: 4/30/2015
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes you can. A judgment is just a debt. If the judgment is for fraud, then the creditor can seek to have that debt declared non-dischargeable. What you need to do is hire a bankruptcy attorney to go over your options and start the process.
Answer Applies to: California
Replied: 5/1/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Yes you can. I can't tell you in an email what it took years to learn through study and practice. There are resources available online most court's website have some information for self represented parties and they'll probably point you to federal bankruptcy rules, some state rules, and local court rules. I'm afraid the source of the law stretches over several sources and it is voluminous materials I'm afraid. There are also several self help books that attempt to distill the information down and they'll provide you with warnings that the information is basic and cannot replace being represented by attorney. These may be found at the local library. There are also practitioner guides available at your local law library. There are more reliable especially if they have been written to apply to your particular state. My CA practice guide is a two volume book. Perhaps in your particular area there are legal aid clinics that offer help with this for indigents. (there is none in my city). You can hire a lawyer probably for about $1,400 or less and get their advice on whether this is a good idea for your given financial situation and they'll handle the work and represent you at the hearing(s).
Answer Applies to: California
Replied: 4/30/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes you can. You just list the judgment creditor as a creditor in the bankruptcy.
    Answer Applies to: Nevada
    Replied: 4/30/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama the answer is yes.
    Answer Applies to: Alabama
    Replied: 4/29/2015
    John W. Lee, P.C.
    John W. Lee, P.C. | John W. Lee
    Yes, you can still file bankruptcy after a creditor has obtained a judgment against you. Bankruptcy can discharge debts where the creditor has obtained a Judgment, including, judgments obtained by credit card companies, medical providers, loans, repossessions and more. If the judgment has become a lien against your property, then the bankruptcy may not be able to discharge the lien. Most attorneys offer a free consultation to discuss these issues with you. Your first step is to go see an experienced bankruptcy lawyer.
    Answer Applies to: Virginia
    Replied: 4/29/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can do that. See a lawyer because the judgement might be a lien on your real property. You may find one at nacba.org
    Answer Applies to: California
    Replied: 4/29/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Having a judgment does not prevent you from being able to file bankruptcy assuming that you are otherwise eligible. The major difference between preparing a bankruptcy for someone with a judgment is determined by whether the judgment was recorded as a lien against the home of the debtor, thereby impairing the homestead exemption. If this is the case, it would be necessary to bring a motion to avoid the judgment lien in addition to the normal bankruptcy filing.
    Answer Applies to: Nevada
    Replied: 4/29/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    That would be a yes.
    Answer Applies to: Colorado
    Replied: 8/31/2015
    Davis Law SC | D. Nathan Davis
    Filing a bankruptcy will not be stopped by a judgment being filed in most situations. Bankruptcy will probably not allow the judgment creditor to obtain more than the creditor would have received if no judgment had been obtained. You need to meet with an attorney to receive proper advice on how best to proceed. It is likely that the longer you wait to obtain good advice, your situation may actually worsen.
    Answer Applies to: South Carolina
    Replied: 4/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes you can but you should seek counsel before you do to see if that is your best option and to determine what is anticipated to be dischargeable, and what might not be.
    Answer Applies to: Michigan
    Replied: 4/29/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, that will take care of the judgment. Contact a bankruptcy attorney in your area.
    Answer Applies to: California
    Replied: 4/29/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    A judgment is one of the main reasons to file bankruptcy. Once you have a judgment recorded against you, then the creditor can garnish your wages and bank accounts among other remedies.
    Answer Applies to: Florida
    Replied: 4/29/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Sure, the bankruptcy will wipe out the judgment. If you own real property, your attorney may have to file a separate motion to avoid that lien off your property.
    Answer Applies to: New York
    Replied: 4/29/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes. Unless the judgment against you arises from fraud or larceny or certain other kinds of wrongdoing, it's just another debt. In Wisconsin, once you have the discharge, you can also apply in State court to have the lien, which usually accompanies a judgment, deemed satisfied which basically release your property from the claim, just as the bankruptcy discharge will have released you personally. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/29/2015
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