Legal Question in Credit and Debt Law in Georgia

Civil Judgment involving Bankruptcy

Hello- I purchase civil judgments and would like your advice on a case that involves bankruptcy. The judgment debtor filed Chapter 7- No Assets in 07/2000. My judgment was rendered in Dekalb County, GA on 09/28/2000. The JD filed for bankruptcy on 07/31/2000 and the final order to discharge her debt was granted on 12/13/2000. Am I correct in thinking that my judgment is enforceable since she filed (07/31) before my judgment was ordered, or should I pay attention to the date her bankruptcy was finalized (12/13/00)?.

Thank you.

P.S. The OJC is not listed as a creditor in the bankruptcy records...(in case this information is important).


Asked on 6/05/07, 12:38 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Civil Judgment involving Bankruptcy

You need a good lawyer on retainer before being in the business you are in.

The courts in this district have held that in pre-BAPCA cases even a non-listed debt is usually discharged if the case was a no-asset case, so the judgment may be void or voidable, and an action to collect could subject you to contempt charges.

Only a thorough review of the case file could answer you for a certainty.

Read more
Answered on 6/05/07, 1:03 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia