Which debts may be declared in bankruptcy? 14 Answers as of November 30, 2015

We have not yet been sued for a particular debt. I was told that once a judge rules that I am responsible for the debt I may not include it in a bankruptcy. Is that true?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
No that is not true judgments can also be wiped out in a bankruptcy.
Answer Applies to: New York
Replied: 11/30/2015
Stephens Gourley & Bywater | David A. Stephens
Any debt can and should be declared. However, you generally cannot discharge child support, spousal support, student loans and income taxes.
Answer Applies to: Nevada
Replied: 11/26/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unless the debt is connected to a criminal act, whether there is a judgment on it or not is not a factor in being able to discharge or eliminate the debt in bankruptcy. For example, if you embezzled money but there was not yet a criminal conviction or court order calling you a THIEF, you might be able to eliminate the debt in bankruptcy. But most debts are not connected to any crimes and are eligible to be eliminated through bankruptcy. However, once a court judgment is entered, there can be complications to completely remove it. For example, judgments that are recorded turn into liens and affect the title to real estate you own. Removing liens of this sort is often possible, but it comes with an extra cost.
Answer Applies to: Nevada
Replied: 11/26/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Untrue.
Answer Applies to: Michigan
Replied: 11/26/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That is not true, judgements are included. If it is a judgement for fraud that could be a problem, otherwise it is dischargeable.
Answer Applies to: California
Replied: 11/26/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    There is not enough information here to answer your question. You may want to consider filing your BK before a judgment is entered. You will need to meet with a lawyer face to face to get your questions answered. Consultation will take an hour. Expect to pay an experienced lawyer for his/her time in reviewing everything with you. Time is of the essence, so act quickly.
    Answer Applies to: Colorado
    Replied: 11/26/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Not true unless the debt is criminal restitution.
    Answer Applies to: California
    Replied: 11/26/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Completely false. Getting a judgment has no effect on whether a debt is dischargeable.
    Answer Applies to: Ohio
    Replied: 11/25/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It is not true. A debt which becomes a judgment is just as sischargeable as one which does not become a judgment. The difference is that in most places a judgment becomes a lien (a kind of security claim) against any real estate you own or acquire for the next 10 years or what ever period state law prescribes. In some states there is a procedure under state law that allows you to clear away a judgment lien if the underlying debt was discharged in the bankruptcy. Consult a skilled bankruptcy lawyer for further information. It's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 11/25/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That is not correct. Despite what the collection agency may be telling you, the debt can be included even if has been reduced to judgment. However a judgment may become a lien on real property if you own any, so it would not be wise to wait until a judgment is entered.
    Answer Applies to: California
    Replied: 11/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, but it is clear you are in trouble financially and need counsel. Confer with an attorney.
    Answer Applies to: Michigan
    Replied: 11/25/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you know that someone intends to hold you responsible for a debt, even if the amount is unknown, you can list that person as a creditor on a bankruptcy and discharge that debt, unless it falls within a very small set of exceptions to discharge. Notifying the creditor of your bankruptcy prevents them from pressing on with a lawsuit unless they first get permission from the bankruptcy court. Yet it is still possible to discharge a debt in bankruptcy even after you have been found liable for the debt in a civil court. The judgment is dischargeable unless it falls within a very small set of exceptions to discharge, such as domestic support or personal injury caused by driving while intoxicated.
    Answer Applies to: Oregon
    Replied: 11/25/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must list all debt in bankruptcy. Some debts you may continue to pay, others you may not. I recommend seeking competent legal advice to discuss bankruptcy in more detail.
    Answer Applies to: Nevada
    Replied: 11/25/2015
    Danville Law Group | Scott Jordan
    No that is not correct. You must include all assets and all debts when filing for bankruptcy protection.
    Answer Applies to: California
    Replied: 11/25/2015
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