If I received a summary judgment against me, with ongoing interest from 2009, is the whole interest discharged in bankruptcy ct?

Asked almost 2 years ago - Los Angeles, CA

I received a summary judgment with principal amount of $10,000 plus interest from 2009. Is the whole amount including interest discharged in bankruptcy from the day I file for bankruptcy? How do I figure out what the amount is when writing down the amount to discharge?

Attorney answers (5)

  1. Larry Dale Webb

    Contributor Level 9

    4

    Lawyers agree

    Answered . Generally a judgment plus interest will be discharged in Bankruptcy. There are exceptions depending upon the nature of the lawsuit. As to the amount, add 10 % per year to the judgement, do not compound, and you will be close enough.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Yes, if there was a judgment against you in 2009, and if you list the judgment on your bankruptcy schedule, the debt can be discharged including the post judgment interest.

    Note that certain debts are not dischargeable because Congress has determined they are types of debts that should not be discharged because of public policy reasons. These debts are listed in Section 523 of the Bankruptcy Code and usually require that a debtor prove the debt should not be discharged. Examples are:

    (A) spousal and child support obligations;
    (B) certain tax debts;
    (C) most educational loans;
    (D) debts related to injuries or death caused by driving while intoxicated; and
    (E) debts arising from fraudulent conduct.

    Also, the discharge is not automatic from the date you file for bankruptcy. You will not be able to obtain a discharge until and unless you comply with all of the requirements for bankruptcy including completing the Credit Counseling and Personal Financial Management courses, as well as attending the 341(a) Meeting of Creditors.

    The earliest date that a discharge will be entered on the case docket is shortly after the sixtieth (60th) day following the first date set for the 341(a) Meeting of Creditors.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Richard Scott Lysle

    Contributor Level 17

    2

    Lawyers agree

    Answered . IF you are not represented by an attorney in the bankruptcy case, you should be.

  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Give the documents to your bk attorney. They wil make sure that it is
    Properly imputed into your petition. Good luck.

  5. Bruce Allan Wilson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Include your best estimate of what the total debt is. What is important is that when you file for BK the creditor is listed and notified, not necessarily the exact amount owed to them.

    BW

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