Can I still pursue the judgment after the bankruptcy has been finalized? 7 Answers as of September 14, 2015

My husband won a judgement against a "party" for legal fees he incurred due to this "party". This "party" has now filed Chapter 7 bankruptcy and has included my husband's judgement on their bankruptcy with only his name and not mine. When the judgement was finalized or ordered, my husband and I were married, but only listed my husband's name as the plaintiff. My question is can I still pursue the judgement after this "party's" bankruptcy has been finalized since my husband and I were married at the time of the judgment order, despite my name not being on the judgement or my name being listed as a creditor on this party's bankruptcy? We're still married and live in Washington State, which is a community property state.

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A Fresh Start
A Fresh Start | Dorothy G Bunce
When a debt is discharged in bankruptcy, a technical deficiency does not mean that the debt is not discharged. Failing to list one creditor is not grounds to deny the discharge of the debt. Google the phrase In Re Beezley for more technical information.
Answer Applies to: Nevada
Replied: 9/14/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Probably not. If it was a no asset chapter 7 then the debt has been discharged. In California (also a community property state) you could not collect because the discharge will also apply to you. Even an unnamed creditor who was entirely unaware of the bankruptcy is included in this scenario. See *In re Beezley, 994 F.2d 1433 (9th Cir. 1993).* I don't understand what theory you have that you should be able to collect on a judgment that was not owed to you even without the bankruptcy. You would have no legal standing to pursue.
Answer Applies to: California
Replied: 9/14/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a no.
Answer Applies to: Colorado
Replied: 9/14/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No... you cannot do this. Inadvertently omitted creditors are discharged along with everyone else. If you think there was fraud involved you can look into seeing whether or not the debt is non-dischargeable under section 523 of the bankruptcy code. This is quite difficult to do and you may just be throwing more money down the drain. Check with local counsel.
Answer Applies to: California
Replied: 9/14/2015
Ronald K. Nims LLC | Ronald K. Nims
No, you can't pursue this judgment. First, you know that the bankruptcy has been filed, anyone with knowledge of the bankruptcy is usually discharged.Second, the bankrupt doesn't know that you have a claim, unknown creditors are included in the bankruptcy.
Answer Applies to: Ohio
Replied: 9/11/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. If your husband was the only plaintiff, then he is the only creditor. Even if it could be argued that you have a 1/2 community property interest in the judgment, although you were not listed as a creditor, you have actual knowledge of the bankruptcy and any community property claim you may have would be subject to the discharge the same as your husband. If your husband believes there is a basis for objecting to his judgment being discharged, such as the underlying debt was incurred based on fraud or due to malicious prosecution for example, then it may be possible to file an Adversary Proceeding to keep the debt from being discharged. If he believes there is a basis for an Adversary Proceeding, he should consult an experienced bankruptcy attorney before the 60 day bar date passes.
    Answer Applies to: California
    Replied: 9/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    That would be a no.
    Answer Applies to: Wisconsin
    Replied: 9/11/2015
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