Q: If someone has a personal judgement against them and they file for bankruptcy will that judgement be affected?
Years of court dates, depositions, and medical bills a judge awarded me a settlement . I went to the Town Clerk and Sherrifs Department, spent approximately $500 with the hopes that all the information I provided was correct. A few weeks later I find out that the person the judgement was against filed for bankruptcy. Can wages still be garnished, bank accounts be accessed or is there a time limit that I need to wait to start the process over?
A: Unfortunately, no. There is an automatic stay in place which means you can no longer go after them. That's assuming that he/she has the automatic stay. You can try to make a motion to lift it but it is highly unlikely that a judge would life it. Unfortunately if he gets a discharge you can no longer go after him.
Jonathan David Warner agrees with this answer
A: The judgment would have been discharged by this Debtor's bankruptcy, but only with respect to services rendered or debts incurred *prior to* the bankruptcy filing. If any of the services/debts incurred were rendered after the bankruptcy case was filed, these particular debts would not have been affected by the Court's Discharge Order (assuming entry of same).
A: Unless you have a basis to deny the discharge of your claim, and move to do so timely, your judgment will discharged in the case and you can never collect it.
Jonathan David Warner agrees with this answer
A: Unless you can file a motion and have a reason for denying discharge there really is nothing you can do to enforce the judgment.
Jonathan David Warner agrees with this answer
A:
If the person had insurance go after that. The attorney that brought the case should help.
If a bankrupt, make sure you file your claim as a creditor with the bankruptcy court. may be you may still get something.
A:
Filing for bankruptcy isn't the same as being "discharged." if the person hasn't been "discharged" the bankruptcy is ongoing. So with all due respect to other counsel, no you are not stuck.
If you were suing them they should have notified you of the filing for bankruptcy as through your case they were certainly aware of your claim. This should be grounds for you to vacate the bankruptcy if in fact you were never notified (you need to see if you are listed as a potential creditor on the "service list."
If you had an attorney talk to them.
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