Legal Question in Bankruptcy in Florida

Judgement after banckruptcy

I am trying to refinance my home and there is a current judgement on my CR, but I thought it was discharged due to a bankruptcy I filed in 2004. I filed myself and that judement is mentioned in my Bankruptcy paperwork. I don't understand why they can still collect on that judgement? Also how can I reopen the case and have that judgement included since I was discharged of all debt?


Asked on 2/20/08, 5:53 pm

2 Answers from Attorneys
James Hart The Hart Law Firm, P.A.

Re: Judgement after banckruptcy

The discharge of any debt depends on the kind of claim which underlies the judgment and the chapter of bankruptcy involved. Just because your debt is reduced to judgment does not necessarily insulate it from discharge. If the judgment was for a contract debt, such as a promissory note or credit card, it should have been discharged.

However, if the judgment is secured by a perfected judgment lien which attaches to property owned by you, then the judgment holder is a secured creditor, and they would probably still be able to collect against your property.

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Answered on 2/21/08, 10:14 am

Re: Judgement after banckruptcy

I don't believe you will be able to reopen your Bankruptcy case. If your judgment is one which is secured by your home,it can still be collected. If it is unsecured debt, such as a credit card, it cannot.

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Answered on 2/22/08, 10:37 am


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