Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?
Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?
A: In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal injury, as listed in the Bankruptcy Code), you and your husband would have no remaining legal liability to the judgment holder, but your son would remain liable.
A: It will discharge all debts and judgments that are non dischargeable. You snd your wife will be off the hook, but your son will remain responsible.
You don't file bankruptcy to rid yourself of one judgment: the Chapter 7 is comprehensive and includes all debt that is either non-dischargeable or which you reaffirm.
As my colleagues have pointed out, your son will need his own case if he is interested in a discharge.
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