Bankruptcy Erases Most Judgments

19 Jun Bankruptcy Erases Most Judgments

It often happens that a creditor gets a judgment against you before your bankruptcy case is filed. That judgment is erased by the filing, unless it’s a type of debt that isn’t discharged anyway (fraud, theft, intentional injury, and the like).

This doesn’t automatically mean that you need to file a bankruptcy case. You may be judgment-proof, where you have no unprotected incomr or assets for a judgment creditor to take. You can put off a filing until you need it. \ The worst that will happen is that the judge might call you in every six months or so to see if your situation has changed which justifies a payment order. Any payment order will go away in the later bankruptcy filing.

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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