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If I already have a court judgement against me from a creditor, will that be wiped out once I declare a Chapter 7 bankruptcy?

Lake Worth, FL |

I have another judgement pending and need to know if I should rush to file the bankruptcy or if these judgements will be wiped out once I file bankruptcy even though they occurred prior to it.

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Attorney answers 3


Most ordinary judgments will be wiped out. It depends on what they are for.

Like if defrauded someone, that can't be discharged.

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The problem isn't eliminating the debt tied to the court judgment, it is eliminating the consequences from the judgment. A smart creditor will take the judgment and turn them into liens against your home or other real estate. These liens have to be specially removed during the bankruptcy process, and that will cost you extra. I have no problem telling people it is okay to pay additional legal fees, but you might not agree with that. Another thing a smart creditor can do is clean out or at least freeze your bank account. Or begin garnishing your wages. I would rush to file for these reasons alone. Sooner or later, your luck is bound to get really bad unless you take immediate action. Hope this perspective helps!

Michael Avanesian

Michael Avanesian


That's a good point.


If the judgments are for a debt that is not dischargeable n bankruptcy, then they won't be wiped out. Most judgments are dischargeable. You don't have to file before the creditor gets the judgment to discharge the debt. However, you do want to file before the creditor does something with the judgment: garnish wages, bank accounts, puts a lien on your property, puts you into a receivership, etc...

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