Legal Question in Bankruptcy in California

I am being sued for Breach of Contract on a credit card. I am wondering how bad a judgment would be on my already-bad credit, and if, to avoid the judgment, I should file bankruptcy. I have a few other debts that I owe to creditors, but they have not sued me (yet). Also, if I decide to file bankruptcy, is it better to file BEFORE I get a judgment placed on me, or once I file bankruptcy, does the judgment get erased?


Asked on 3/18/11, 12:53 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you were to file a bankruptcy, it's probably better to do so before a judgment. Once a judgment is received, the creditor could levy your bank account and wages, and getting the money returned that was collected within the bankruptcy preference period takes some effort. A Chapter 7 bankruptcy usually discharges credit card debt and a judgment based upon such debt.

A judgment, by itself (i.e. without any collection efforts), on a bad credit report, only makes things look a little worse.

Read more
Answered on 3/18/11, 1:27 am
Tony Carballo Carballo Law Offices

Assuming that bankruptcy will be necessary and there are no other reasons for delaying filing the case, it is always better to file the bankruptcy case before a judgment is obtained against you. A judgment on your credit report is another negative and there are questions on applications for credit and licenses about judgments against you that might affect you in the future. The judgment will not be erased in bankruptcy. It will be unenforceable since the debt will be erased or discharged. With the judgment in hand the creditor can take your wages and bank account balances plus file a lien against your real property plus other things to collect. Why delay the inevitable solution to your financial problems and make your bankruptcy case an emergency and more costly case than it has to be by delaying what you need to do.. Why not get it over with soon and start rebuilding your credit record. If you are making money working you will be offered credit probably even before your debts are discharged in abou three months...

Read more
Answered on 3/18/11, 6:01 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California