Legal Question in Bankruptcy in California

creditors rights

if we have a judgment on debtor and they file chptr 7 bankruptcy can we file anything to uphold jugment?


Asked on 5/09/07, 2:19 pm

3 Answers from Attorneys

DAVID BURKENROAD LAW OFFICES OF DAVID BURKENROAD

Re: creditors rights

The only way for a judgment to be good in a bankruptcy is if you have recorded an Abstract of Judgment in the Recorder's Office, which makes the judgment a lien. If you haven't the judgment represents an unsecured creditor, and the debt will be discharged when the bankrptcy debtor is discharged.

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Answered on 5/09/07, 5:12 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: creditors rights

It depends on the nature of the judgment. If for injuries for a car accident while driving under the influence, that can be excluded from bankruptcy. If it's a regular money judgment, most likely not. Feel free to provide me with more details by direct e-mail.

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Answered on 5/09/07, 5:13 pm
Charles Shamash Caceres & Shamash, LLP

Re: creditors rights

This is more than a simple question, but beware you do not violate the stay otherwise you could end up incurring liability. Bankruptcy laws are Federal and if you violate them most debtors' counsels would pursue you. Good Luck.

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Answered on 5/10/07, 2:29 am


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