WILL BE GETTING A JUDGEMENT SHORTLY FOR ME. WILL THE PARTY AT FAULT BE ABLE TO FILE BANKRUPTCY WHEN THIS HAPPENS?
The defendant can file bankruptcy to discharge the judgment so you can not proceed with collection unless the judgment is based on a finding of fraud in which case it may not be dischargeable. Threatening to file bankrutpcy could be a negotiating tactic to settle the judgment for less than the full amount and then avoid filing bankruptcy.
Yes it could be discharged. There are certain claims that are non dischargeable (sec 523). You should consult with local BK atty. If you are going to get a judgment, there are certain key elements to try to prove and have included in your judgment, so you can try to prevent it from being discharged. If you have the right facts and findings in the judgment, you can win in BK court.
I agree with the other attorneys. The defendant can discharge the judgment unless there was an award for punitive damages. If there is insurance involved you still have options, but you will be dealing with them in bankruptcy court. If you are represented by counsel, you should talk to your attorney about your options.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary