Can a bankruptcy protect me against a judgment ? what if the perfect the judgment ?

Asked over 1 year ago - Boca Raton, FL

Can a bankruptcy protect me against a judgment ? what if they get a perfect judgment ? do i have to make sure my bankruptcy is before the judgment so it is protected against if they want to perfect it or can i declare bankruptcy after a perfect judgment ? I am not sure if I'm making sense or using a right terminology . The debtor is in CA , I have moved to Florida trying to save money . Since I'm married from Canada , can it hurt my spouse ? can they go after my spouse if i claim bankruptcy ?

Attorney answers (3)

  1. Jeffrey David Solomon

    Contributor Level 11


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . You can file bankruptcy before or after a judgment. We would have to look at what assets you have to analyze your exemptions from creditors (since you just moved to Florida this can be a complicated issue, but you might not have assets that would be at issue). Your wife is not responsible for your debt(but if you both resided in California and incurred the debt while married in California, it is possible the creditor could sue both of you because California is a "community property " state. We might need to check with an attorney from a community property state.

    The questions and answers posted on AVVO are for general information and should not be treated as legal advice or... more
  2. William Joseph Kopp Jr.

    Contributor Level 12


    Lawyer agrees


    Answered . The BK will take care of your judgement, it's best to file before, but it really isn't crucial. Spouses are fine, meaning they and their credit does not get hurt, but they BK court looks at combined household income. Your BK lawyer will explain that to when ya'll do the means test.

  3. Diane L Gruber


    Contributor Level 18


    Lawyers agree


    Answered . If you file bankruptcy, the debt will be wiped out whether or not there is a judgment. The creditors can't go after your wife for the debt UNLESS she signed the loan application, too. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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