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Discharge complaint in bankruptcy?

San Diego, CA |

If there is an unpaid judgment and the person trying to collect is not the judgment holder, will the bankruptcy still order that judgment payable and not dischargeable?

Attorney Answers 4

  1. Bankruptcy will not order a judgment payable. Whether the original owner/holder of the judgment or a successor in interest has no bearing on whether a debt is discharged via bankruptcy.

    See 11 USC 523 for a description of exceptions to discharge (aka debts that may be deemed non-dischargeable).

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. A chapter 7 bankruptcy will discharge the debt whether the debt belongs to the original creditor or whether the debt has been transferred to another creditor and this holds true even after a judgment has been entered. In other words it doesn't matter who is trying to collect, the debt will be wiped out.

    The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

  3. Are you talking to your bankruptcy attorney? They are in the best place to answer this question.

    Did someone file an objection to discharge in your case? Your question suggests this.

    What debts are and are not dischargable are spelled out in the bankruptcy code. It depends on factors such as which chapter you filed, the type of debt, and the age of the debt.

    Many debts are sold. So the first creditor may not own it any more. Additionally, creditors hire people and/or companies and even attorneys to collect the debt.

    Good luck.

    This does not create an attorney/client relationship. I am licensed to practice law in Kansas and Missouri only. I only represent clients with a signed contract and who have either paid a fee or I agree to represent through the VAP project at Legal Aid of the Western District of Missouri. This is not legal advice.

  4. The facts in your narrative are way too sparse.

    This depends on the nature of the judgment as what it is for as in what was done to lead to the judgment. Was this a batter? Is it for spousal support? DUI with injuries? A fine or penalty? Or is it just for money owed on a credit card?

    In order for a creditor to remove the judgment from the discharge the creditor has to sue under 11 USC 523 and object to the discharge of their judgment. The only other objection is to all debts under 11 USC 727.

    Without knowing more, no one can even address this.

    This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

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