a personal injury judgment can be discharged in bankruptcy, unless you have an award inclusive of punitive damages, such as stemming from a DUI. Note, if there is going to be a BK, it is always better for you to go in with a judgment, then just a claim for damages
Anyone can file bankruptcy. If they do can seek to be paid before the bankruptcy is granted. Speak with a bankruptcy attorney asap.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
I agree with the other attorneys. The defendant can discharge the judgment unless there was an award for punitive damages. If there is insurance involved you still have options, but you will be dealing with them in bankruptcy court. If you are represented by counsel, you should talk to your attorney about your options.
Yes it could be discharged. There are certain claims that are non dischargeable (sec 523). You should consult with local BK atty. If you are going to get a judgment, there are certain key elements to try to prove and have included in your judgment, so you can try to prevent it from being discharged. If you have the right facts and findings in the judgment, you can win in BK court.
The defendant can file bankruptcy to discharge the judgment so you can not proceed with collection unless the judgment is based on a finding of fraud in which case it may not be dischargeable. Threatening to file bankrutpcy could be a negotiating tactic to settle the judgment for less than the full amount and then avoid filing bankruptcy.
Barron Law Corporation Sacramento & San Francisco. 916-486-1712 or 800-529-5908. Email Deborah at: firstname.lastname@example.org No attorney client relationship is created by this answer.
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