| 1. |
|
| 2. |
|
| 3. |
|
If a creditor gets a judgment against me before I file for bankruptcy, will filing erase it?
Massachusetts
Viewed 168 times.
Posted 6 months ago in Bankruptcy / Debt
Flag as objectionable
I have a lot of credit card debt and no assets or job. Just wondering if bankruptcy filing removes a past judgment in a civil credit card judgment case.
Also, how can I do the bankruptcy process so it is free? I have absolutely no means to pay any fees. Thank you. - Is this your question? Add additional information Answers (3)Lesley Abigail Hoenig
This attorney is licensed in Illinois and 2 other states.
Posted 6 months ago.
Flag as objectionable
Yes, judgments are discharged when you file bankruptcy. Will it erase it? The judgment does not automatically disappear from your credit report, but if it isn't reported as discharged, you'll want to notify the credit reporting agency in writing to correct it.
As for filing bankruptcy for free? Even if you file on your own (which I don't really recommend), the court costs are $299. You can apply to pay the fee in installments, but I do not recall there being a way to waive the fees completely. Additionally, you may want to look around your area for an attorney willing to represent you pro bono, because bankruptcy can be confusing and you would probably benefit from the assistance of an attorney that knows bankruptcy law even though you are certainly allowed to represent yourself. L Jed Berliner
This attorney is licensed in Massachusetts and 1 other state.
Posted 6 months ago.
Flag as objectionable
You may be what we call "judgment-proof," where you don't immediately need bankruptcy protections and can wait until you have assets requiring protection or a job to pay for it.
Don't make any payment agreement with the judgment creditor. Instead, you'll be ordered to appear in court to disclose your income and expenses so the judge can enter a payment order - or not, perhaps simply having you show up in court every six months to see if there's been a change in circumstances. The Volunteer Lawyers Service, part of the Massachusetts Justice Project, can help you obtain free legal representation: (617)423-0648 in Boston, and (413)533-2660 in Holyoke. Court filing fees are waived if your income is under 150% of the poverty guidelines. VLS can help you with that. The various debt counseling program providers will also waive their fees in similar situations. Good luck. Jeffrey Daniel Larkin
This attorney is licensed in California.
Posted 6 months ago.
Flag as objectionable
I agree with the responses above.
LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case. |