The Law Office of Marvin Wolf | Marvin Wolf
Yes. The bankruptcy will usually block and often discharge the judgment, depending on the underlying facts of the judgment. The judgment will still appear on the credit report, but should list as having been discharged in bankruptcy.
Answer Applies to: New Jersey
Benson Law Firm | David Benson
Yes, you can file bankruptcy at any time. The question is whether the judgment has been perfected and, if so, whether it can be avoided as impairing an exemption or preferential transfer. This is probably a matter you should discuss with your bankruptcy lawyer.
Answer Applies to: Ohio
Law Offices of David H. Relkin | David H. Relkin
Yes. In fact that is one of the main reasons to file. To prevent the judgment creditor from taking your assets. Move fast, retain an attorney and file. If not go straight to the Bankruptcy Court at Bowling Green fill out a petition and pay the fee with a credit card. Then notify the creditor that you are in bankruptcy and that he cannot take any further steps to collect.
Answer Applies to: New York
Olga Matrosova, Attorney at Law | Olga Matrosova
Yes, you can I file for bankruptcy after a judgment has been posted. In fact, you might want to do this before a creditor will garnish your wages, or put a lien on your bank accounts/real property. The immediate effect of bankruptcy filing is an "automatic stay" that prevents a creditor to collect on a judgment and/or create a lien on your property. However, if the judgment resulted because of fraud, DUI offense, etc., it will not be discharged in bankruptcy.
Answer Applies to: California
Tony M. May Attorney At Law | Tony M. May PC
The answer to the question is yes, you can file for bankruptcy after a judgment is entered against you, as long as you meet the statutory requirements for the type of relief you seek (i.e., Chapter 7 for liquidation or Chapter 13 for a payment plan). However, depending on the type of judgment against you, you may not be able to use bankruptcy to stop from having to pay for the debt (e.g., for an intentional tort, IRS judgment, etc.)
Answer Applies to: Nevada
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, it is possible to file bankruptcy after a judgment has been taken against you. However, sometimes it is not a good idea to let a judgment be taken against you, if you intend to file bankruptcy. For example, if the person or company suing you claims that you defrauded them or intentionally harmed them, such as a lawsuit for deceptive trade practices, or a lawsuit seeking damages for assault and battery, a judgment could constitute a judicial determination that you did indeed commit fraud, or that you did cause an intentional harm to someone. And those kinds of debts may not be dischargeable or cancellable in bankruptcy. Another circumstance where you may want to file bankruptcy before a judgment is rendered, is where you are being sued on a contingent and unliquidated claim such as a car accident, and you wanted to file Chapter 13, which has debt eligibility limits. So long as the debt has not been reduced to a sum certain, you would still be eligible for Chapter 13. But if for example, you let it go to judgment, and the judge or jury awarded so much that you then owed more than about $360,000 in unsecured debt, you may be prohibited from filing a Chapter 13 case, which could cause you to lose your house. Best advice: always consult an expert bankruptcy attorney about your rights and obligations in bankruptcy.
Answer Applies to: Texas
Kenneth A. Parker, P.C. | Ken Parker
Yes, as long as you qualify for a bankruptcy, you can file. You may be able to discharge the judgment or if a Fi.Fa has been entered, you may be able to avoid the judicial lien, depending on the circumstances. I suggest contacting a Bankruptcy Attorney to determine your best course of action.
Answer Applies to: Georgia
Carballo Law Offices | Tony E. Carballo
Yes and the debt will be discharged unless it is a judgment is for a debt that is not dischargeable in bankruptcy such as a support obligation judgment (child support or spousal support, student loan or other nondischargeable debt).
Answer Applies to: California
Ross Smith, Attorney at Law | Charles Ross Smith III
Yes. You can file a Chapter 7 or Chapter 13 Bankruptcy after a judgment has been granted against you in a state or municipal or even federal court. Just list it on your Schedule F. Also list the Court where you were sued on your Schedule F. List the amount as 0 and in the remarks column put "Also Notify." Don't forget to also the suit in your Statement of Financial Affairs where it asks you to list any lawsuits. You had better hurry. A garnishment may not be far off. A bankruptcy will stop that as soon as it is filed. Good luck.
Answer Applies to: Ohio
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
Yes, it is definitely possible to file bankruptcy after a judgment has been entered against you. In fact, judgments are among the Top 10 events that presage bankruptcy filing. Word of warning though: if you are considering filing, do so as soon as feasible after the judgment has been entered. If you wait, the result will be the issuance of a Citation to Discover Assets and Wage Garnishment, resulting in the reduction of your pay and freezing of your bank account(s).
Answer Applies to: Illinois
The Law Offices of Kristy Qiu | Mengjun Qiu
Yes. But certain judgments aren't dischargeable, for example anything related to child support, alimony, damages caused while DUI, fraud, and a whole lot others. You should consult with an attorney to figure out whether yours is dischargeable.
Answer Applies to: Florida
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Yes you certainly can. However, whether or not it will do anything for you depends on what type of judgment it is. If it is for nonpayment of a credit card, no problem that is dischargeable, if it a judgment because you defrauded someone or hit them with your car while drunk, that may not be dischargeable. See an experienced bankruptcy attorney and find out where you stand. Many give free first consultations.
Answer Applies to: Michigan