Is it possible to file bankruptcy after a judgment? 44 Answers as of June 02, 2013

Can I file for bankruptcy after a judgment has been posted?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/30/2013
The Law Office of Marvin Wolf
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
Replied: 2/6/2012
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Yes.
Answer Applies to: Massachusetts
Replied: 5/30/2013
Benson Law Firm
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
Replied: 2/3/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Yes. Judgments are dischargeable.
Answer Applies to: Virginia
Replied: 2/2/2012
    J.M. Cook, P.A. | J.M. Cook
    Yes, we do it routinely. However, a bankruptcy will not strike the lien just the liability under the debt.
    Answer Applies to: North Carolina
    Replied: 2/2/2012
    Law Offices of David H. Relkin
    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
    Replied: 2/2/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Yes, you can file either a Chapter 13 or a Chapter 7 petition.
    Answer Applies to: Georgia
    Replied: 2/2/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file for bankruptcy after a judgment has been posted. If a lien has been filed and you own real property, you will need to have the lien removed from the real property.
    Answer Applies to: California
    Replied: 2/2/2012
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Yes. A judgment is an unsecured debt that will be discharged.
    Answer Applies to: Utah
    Replied: 2/2/2012
    Olga Matrosova, Attorney at Law
    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
    Replied: 2/1/2012
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    It is absolutely possible to file bankruptcy after a judgment has been entered. Many debtors file bankruptcy after a judgment has been entered so they can stop attempts by the creditor to collect on the judgment.
    Answer Applies to: Oregon
    Replied: 2/1/2012
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    The simple answer is YES.
    Answer Applies to: Georgia
    Replied: 2/1/2012
    Tony M. May Attorney At Law
    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
    Replied: 2/1/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes. The bankruptcy will discharge the judgment.
    Answer Applies to: California
    Replied: 2/1/2012
    Twin City Attorneys, P.A. | Amy B. Norberg
    It is possible to file a bankruptcy after a judgment has been entered. A bankruptcy can prevent the impending garnishment of your wages or bank account.
    Answer Applies to: Minnesota
    Replied: 2/1/2012
    The Law Office of Jill Rose Quinn | Jill Rose Quinn
    Yes. However, the judgment may attach in rem to any real property owned by you and may not be avoided unless it impairs your homestead exemption.
    Answer Applies to: Illinois
    Replied: 2/1/2012
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes, but how it affects the Judgment depends on several things. Talk to a bankruptcy attorney.
    Answer Applies to: California
    Replied: 2/1/2012
    Law Office of J. Thomas Black, P.C.
    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
    Replied: 2/1/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes you can file and the responsibility to pay the debt can be eliminated.
    Answer Applies to: Florida
    Replied: 2/1/2012
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    Yes. You should do so before the judgment is recorded.
    Answer Applies to: California
    Replied: 2/1/2012
    Law offices of John P. Brooke | John Brooke
    Yes, you can file for bankruptcy after a creditor has obtained a money judgment. If you have real property you would need to do a lien avoidance motion to remove the lien.
    Answer Applies to: New York
    Replied: 2/1/2012
    Kenneth A. Parker, P.C.
    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
    Replied: 2/1/2012
    Carballo Law Offices
    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
    Replied: 2/1/2012
    Compass Legal Group | Kelly Stairs
    Yes, and depending on the nature of the judgment, it may be dischargeable. You will want to ask your attorney specifically about discharging this liability.
    Answer Applies to: California
    Replied: 2/1/2012
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Yes, that is very common.
    Answer Applies to: California
    Replied: 2/1/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, the bankruptcy will discharge the judgment but if you own real property then you will have to also have your attorney file an additional motion to remove that lien from your property.
    Answer Applies to: New York
    Replied: 2/1/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    Yes. The creditor will not be able to collect on the judgment once you file bankruptcy so long as it is a dischareable debt.
    Answer Applies to: Maryland
    Replied: 2/1/2012
    Ross Smith, Attorney at Law
    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
    Replied: 2/1/2012
    The Law Offices of Kristy Qiu
    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
    Replied: 2/1/2012
    Mazyar Hedayat and Associates
    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
    Replied: 2/1/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes.
    Answer Applies to: Alabama
    Replied: 6/2/2013
    Law Office of William C. Wood, LLC | William C. Wood
    Yes. Once the bankruptcy case is filed, you or your attorney should also file a Suggestion of Bankruptcy in the court where the judgment was entered to ensure that collection activity is stayed.
    Answer Applies to: Maryland
    Replied: 2/1/2012
    Law Office of Lynnmarie A. Johnson
    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
    Replied: 2/1/2012
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Yes, you can still file the bankruptcy. If the judgment is for a dischargeable debt, then you can discharge and eliminate your obligation to pay on the judgment.
    Answer Applies to: Minnesota
    Replied: 2/1/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can do that. If you own real property file bankruptcy right away so they don't get a lien on your house.
    Answer Applies to: California
    Replied: 2/1/2012
    Heupel Law
    Heupel Law | Kevin Heupel
    Yes, you can file bankruptcy after a judgment has been posted, and in most cases, the debt will be discharged provided the judgment did not involve elements of fraud.
    Answer Applies to: Colorado
    Replied: 2/1/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes.
    Answer Applies to: Kansas
    Replied: 6/2/2013
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