Can someone file bankruptcy to avoid paying a judgment? 8 Answers as of July 06, 2011

If I file a small claims case against a friend that owes me money and I get a judgment against him, can he file for bankruptcy and include the judgment so that he doesn't have to pay me?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, he can file bankruptcy on a judgement.
Answer Applies to: California
Replied: 7/6/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Yes. Bankruptcy is designed to discharge debt including debts that underlie judgments already rendered.
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. However, like every debtor, he will be legally obligated to list all of his assets and debts and his income and expenses. It usually is not worth it to file bankruptcy if your only debt is a small claims judgment against you.
Answer Applies to: California
Replied: 6/28/2011
Koch Laron Law
Koch Laron Law | Phillip Koch
Yes, anyone has a right to file for bankruptcy. If he files the bankruptcy you would have to (basically) prove that either, 1. He obtained the loan by fraud, or 2. He really has the money to pay back his creditors, including you. Otherwise, you are most likely out of luck.
Answer Applies to: California
Replied: 6/28/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
One reason to file bankruptcy is to discharge a judgment.
Answer Applies to: California
Replied: 6/28/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes under normal circumstances. If the judgment is for money owed that he borrowed then yes. If it arises out of some kind of intentional conduct such as fraud or violence then it may not be dischargeable.
    Answer Applies to: California
    Replied: 6/28/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Generally, Bankruptcy will avoid or discharge all non-secured debts. If you are able to obtain a judgment before the party files for bankruptcy, there is a possibility that it would survive the bankruptcy and not be discharged.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    That is correct, he can.
    Answer Applies to: California
    Replied: 6/28/2011
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