Legal Question in Bankruptcy in California
from Mary Gerio again
I think I wrote my e-mail address down wrong previously. It ends in com and not net. Sorry, but here's the question again.
I wanted to know if a person files bankruptcy, will it get rid of a judgement from a previous car accident. The insurance company filed the judgement
3 Answers from Attorneys
Re: from Mary Gerio again
YES. THE JUDGMENT WILL BE WIPED OUT IF YOU QUALIFY FOR BANKRUPTCY.
The answer about a judgment LIEN not being dischargeable is simply WRONG. Judgement liens are dischargeable in bankruptcy. The only time the lien becomes relevant is if you have a home and have equity that exceeds the amount protected by the homestead exemption. Even then it is dischargeable. It just can not be removed fron the home but it can be reduced to the dollar amount of the non-exempt equity.
Gary Ray Fraley, Esq. SBN 080056
California State Bar Board
Of Legal Specialization
Certified Bankruptcy Specialist
Fraley & Fraley
California Bankruptcy Attorneys
Sacramento, CA 95825
916.485.5444
www.Ca-Bankruptcy-Attorneys.com
Re: from Mary Gerio again
If from a car accident that did not result from driving under the influence, the judgment usually will be discharged.
Re: from Mary Gerio again
Whether the bankruptcy wipes out a judgment depends on whether it has been converted into a lien through an Abstract of Judgment. If a judgment has become a lien it is unaffected by the bankruptcy. Past judgments are often liens. People try to prevent judgments from affecting them, if the judgment is likely, by filing for bankruptcy before the complaint goes to a judgment.
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