Legal Question in Bankruptcy in California

I am a creditor who was awarded a judgement and that person/company has filed Chapter 7. Is my judgement still valid?


Asked on 6/09/10, 11:34 am

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

sure it's valid. But you can't enforce it.

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Answered on 6/09/10, 2:44 pm
David Gibbs The Gibbs Law Firm, APC

If I were you, I would buy an hour or so of a qualified, experienced attorney's time to review all of the facts. When you say person/company - is the judgment against a person, or a company, or both? Did both file bankruptcy, or just the person or the company? Is the company incorporated or an LLC? Did you record an abstract of judgment giving you a lien in property of the debtor? Has the Debtor filed a motion to avoid your lien? What is the basis of the judgment - does it fall into a category of non-dischargeable debt? Should you be looking at filing a complaint to determine non-dischargeability?

As I hope you can gather, the answer to your question is not simple, and requires a lot more information than what was or can really be posted on this forum. If the judgment is significant, then it would be worth some time and money to hire someone to look at all of this information. If it is a small judgment, then you need to weigh the costs of seeking advice against the liklihood of recovery. Odds are not great that you will recover anything from a bankrupt judgment debtor, but you really won't know until you talk to somone.

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Answered on 6/09/10, 3:14 pm


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