Legal Question in Bankruptcy in New York

Re: judgement

Yes. Provided it was a civil judgment and not a restitution order

Re: judgement

The judgment will NOT be automatically wiped out in bankruptcy, although the underlying debt, if properly listed (and based on a civil, not a criminal, judgment) will be. The judgment itself can be averted (wiped out) in bankruptcy with a specific motion and good reason given to the court.

This makes a difference: the judgment itself will continue to show up on a credit report and make banks and other creditors nervous about lending money, even though the underlying debt is discharged and the judgment holder cannot collect on the underlying debt.

However, if the judgment survives the bankruptcy, there is state law in place in NY that allows the debtor to get the judgment wiped out one year (or more) following the discharge of the underlying debt in the bankruptcy.

Word of caution: Now that the 2005 Bankruptcy Abuse Prevention Act is in place, what used to be a fairly simple matter for people to handle by themselves has become full of pitfalls that can cost a pro se debtor his/her discharge. Hiring an attorney is the best investment you can make in your post-bankruptcy petition future.

Contact my office for an appointment for your free half-hour consultation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.