We were recently awarded a 10k judgement for attorney fees in a custody case. The person who owes the judgement may file for bankruptcy in Texas. If so, could our judgement be discharged? If so, what would you advise? Thanks in advance for your time.
Asked on 8/26/09, 5:38 pm
2 Answers from Attorneys
William D. Weber
Weber Law Firm, P.C.
Q: The person who owes the judgement may file for bankruptcy in Texas. If so, could our judgement be discharged?
A: No. See the 5th Circuit Court of Appeals opinion issued in Dvorak, 986 F.2d 940 (5th Cir. 3-26-93). You should hire a bankruptcy lawyer to file an adversary lawsuit in the bankruptcy court to have the debt declared to be non-dischargeable.
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Answered on 8/26/09, 6:00 pm
Keith Engelke
Law Office of S. Keith Engelke
Child support obligations cannot be discharged in bankruptcy. However, if the judgment debtor files bankruptcy, you will have to act to protect the debt from being discharged.
Answered on 8/27/09, 6:51 pm
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