Will the judgment against me be discharged if I file for bankruptcy? 4 Answers as of August 15, 2010

There is a judgment against me because I was uninsured and involved in an accident. It did not involve a DUI but I still lost my license. If I file for bankruptcy will this judgment be discharged? Thanks in advance!

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Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
It will stop collection. It can be removed from your real estate now.
Answer Applies to: Florida
Replied: 8/15/2010
David Nelson
David Nelson | David Nelson

The bankruptcy code states clearly that judgments are made void by your discharge. The effect of a bankruptcy discharge is to create a permanent injunction prohibiting collections.

The moment that you file your case a temporary restraining order is created that prohibits all collections too. If a creditor is about to file a lawsuit, they must stop. If they have filed it and a trail is about to start, it must stop. If they have already obtained a judgment and have summoned you to a judgment debtors exam, (file the bankruptcy first and then go to the judgment debtors exam with the proof that you filed the bankruptcy) and that stops. If they have started a wage garnishment, it must stop, you just notify the sheriff. If they have already levied your bank account, you have a good chance of getting the money back, (you may need to get a court order directing the sheriffs office to send you the money though) and if they have recorded the judgment with the county recorders against your house, you can in most cases remove it or reduce it by getting an appropriate court order from a bankruptcy court judge.

Call me if you are in the Riverside Area or any other area of California. If you are not in California, please call an attorney from your state.
Answer Applies to: California
Replied: 8/13/2010
Halpern Law Offices
Halpern Law Offices | Daniel B. Halpern
YES! The settlement will likely be discharged. We will be happy to talk to you about your Bankruptcy in more detail for free. Please call us.
Answer Applies to: California
Replied: 8/12/2010
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