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Can a small claims judgement be listed as a creditor when filing for bankruptcy?

Atlanta, GA |

If you lost a small claims case and owe money can you list that when you file for bankruptcy?

Attorney Answers 7


  1. Not only can you list it, but you MUST list it.

    Let me stress that you need a lawyer. A judgment presents an extra challenge as it is a lien on your assets, and you may need a motion to avoid lien on top of the case itself.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. Judgments can be discharged through your bankruptcy filing. However, there are some exceptions. For example, the judgment may not be dischargeable if it resulted from fraud, failure to pay family support obligations, such as alimony, spousal support, and child support, or failure to pay student loans.

    DISCLAIMER The answer given above serves for educational purposes only and is meant to provide general information for a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone with case-specific legal advice. Further take notice that any information on this site should not be used as a substitute for case-specific legal advice. Readers should also be aware that laws and their applications frequently change. As such, any information provided on this site is general in nature and may not apply to specific factual and legal situations. Contact a professional, competent attorney licensed to practice law in your jurisdiction to receive case-specific legal advice before making any important decisions regarding your legal issue.


  3. You must, not just should, list all debt obligations. Whether it is dischargeable in bankruptcy depends on what kind of debt it is.


  4. Absolutely. You must list ALL debt. It is often up to the creditor to claim non dischargeability in you bankruptcy. Most small claim winners would not bring such a claim, and if they did, success is usually very limited.


  5. Short answer: You must list all your debts. You may want to consult with a local bankruptcy lawyer to help with your case.


  6. Unless there was a finding of fraud, these claims are simple to discharge by filing a motion to avoid the judicial lien in a bankruptcy case. However, if you do nothing or delay filing bankruptcy, the judgment can end up as a garnishment of your wages and bank account or a lien on your property. Filing bankruptcy or working out a payment plan with the creditor is the only way to avoid these consequences.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  7. Not only can you list the small claims case that you lost but you must list all debts when filing for bankruptcy. More than likely the judgement and debt that the person you lost to in small claims court will be discharged in your bankruptcy filing. There are a few exceptions to this rule.

    Many bankruptcy lawyers offer free consultations. Take advantage of a free consultation with a bankruptcy attorney and make sure that your judgement is able to be discharged. An attorney can also weigh your financial situation and make sure that bankruptcy is the right choice for you and advise you as to what chapter of bankruptcy you may want to consider.

    I hope that you found this information useful.

    Thanks,
    Parker Evan Bornmann
    The Bornmann Law Group, PLLC

    Contact me directly at 480-833-8000 for a free (1 Hour) consultation. I have law offices conveniently located in Mesa, Glendale, and Tucson, Arizona. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. http://www.bankruptcy-az.com

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