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Will filing for bankruptcy clear a judgement

South Elgin, IL |
Filed under: Bankruptcy Lien

If I file for bankruptcy will that eliminate a past judgement?

Attorney Answers 4

Posted

A bankruptcy discharge will eliminate the judgment creditor's ability to collect the judgment.

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Posted

A bankruptcy discharge will eliminate the judgment creditor's ability to collect on the judgment. If judgment was based on fraud, taxes, support and some other exceptions you cannot get a discharge. However, a money judgment for breach of contract, failure to pay credit cards, etc. can be discharged.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

I feel the other guys didn't give you a complete picture.

Yes, filing Bankruptcy will eliminate your personal responsibility to pay a judgment. It will stop any future wage garnishment & seizure or attachment of your bank account.

But thats not all creditors can do to collect! Without your knowledge, they may have recorded their judgment and effectively put a lien on any real estate you own. This lien may, depending on state law, also affect the title to your car, boat or motor home.

So what can you do about a lien? Well, it can be removed in a Bankruptcy, but it removing a lien is an additional procedure not covered by a standard filing or included in the flat fee agreement. So you will need to discuss this with your attorney.

No real estate & liens don't affect personal property? Then you don't have to worry!

Good luck!

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Posted

Yes, it will. Contact my law firm tomorrow for more information regarding your case. You have options, and we can give you a free consult by telephone to make sure you know all of them.

Thanks!

Please check the thumbs up button below if this answer is helpful to you, thanks!

Very truly yours,



Dean D. Paolucci, Attorney at Law
Select Legal, Practicing in Illinois and Ohio
Illinois> 312-427-9131
Ohio> 614-223-1235
Dean@SelectLegal.com

www.SelectLegal.com



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