Will bankruptcy discharge a debt if a Final Judgement has already been issued?

Asked about 1 year ago - Brooksville, FL

My wife owed payment to an attorney from another city. I found at our county clerk's online site that a final judgement had been granted. We own our house together and it is currently in foreclosure but we are trying to work out an arrangement with our lender. I'm concerned that the lender will refuse to work with us due to the judgement. The judgement has not, at least yet, been attached to our house. It's not that I don't want to pay the original attorney's fee - I don't have it to give them. The only real asset I have is our home.

Attorney answers (4)

  1. Ryan Norman Singleton

    Contributor Level 7


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Yes, bankruptcy will discharge the judgment. Also, if they do record the judgment and attach a lien to the property, you can remove it by claiming the homestead exemption. Filing the bankruptcy will also temporarily slow down the foreclosure process (not for long but usually at least 45-60 days). If you haven't already sought a mortgage modification mediation through foreclosure defense you can request a mediation through the bankruptcy court as well.

    I would recommend consulting further with a bankruptcy attorney to assist you with these matters.

  2. Ray Choudhry

    Contributor Level 14


    Lawyers agree


    Answered . Usually, when people file, they already have judgments against them.
    Once you file, there is an automatic stay entered stopping any collection efforts.
    If you want to keep the house, have you lawyer check to make sure the judgment is not a lien.
    If it is, you can have your lawyer file a motion to avoid it and set it aside.

  3. William Joseph Kopp Jr.

    Contributor Level 12

    Answered . Yes it will but sometimes your attorney will have to file a Motion to avoid Lien if the Judgement has gotten that far and liens have been placed on the property. It is not too hard, but it isn't exactly fun so ask them how much extra it will be and expect anywhere from $150 to $500 depending on the complexity.

  4. Diane L Gruber


    Contributor Level 18


    Lawyer agrees

    Answered . Bankruptcy will wipe out the judgment, AND remove any lien. Be sure to tell you bankruptcy attorney about this judgment.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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