Pittsburgh, PA asked in Bankruptcy for Pennsylvania

Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not sell the judgment assets because there are no buyers. Can I buy the judgments years down the road from the BK courts, or are those judgments considered worthless, having been terminated by the courts?

Related Topics:
4 Lawyer Answers

A: If a discharge was entered in the bankruptcy, you are permanent enjoined from attempting to enforce them against any debtor. The only judgments that might have value would be the ones where discharge was never granted in that case.

W. J. Winterstein Jr.
PREMIUM
Answered

A: If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess the value of the debtor's assets, and if worthwhile, assets of value will be sold with proceeds distributed to creditors on a pro rata basis, after payment of priority and administrative debts.

If the assets are not deemed to be of sufficient value, or there are no buyers, the bankruptcy trustee will "abandon" those assets as "burdensom" to the bankrupt estate, which means that the valueless assets revert back to the debtor, subject to whatever liens may have attached, as if the bankruptcy (as to those abandoned assets) had never been filed.

Given the facts you present, most probably the judgments against others, now stale, have been abandoned, meaning that they have reverted to the debtor, and are not part of the bankruptcy estate.

If you wish to acquire those judgments, I highly recommend that you first speak to an experienced bankruptcy attorney to evaluate your facts, especially the trustee's abandonment. Thereafter, whoever is the contact for the debtor is the one to approach about any purchase.

Martha Warriner Jarrett agrees with this answer

A: If the debts were discharged in bankruptcy, then they are not collectible and are undoubtedly worthless. Also, even if not discharged, they are likely uncollectible because the statutes of limitation have expired (depends on state law),

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In bankruptcy proceedings, assets, including judgments held by the bankrupt company, can be sold to pay off creditors. However, the specifics depend on the case and what the bankruptcy trustee decides. If the judgments were not liquidated during the Chapter 7 proceedings and remain assets of the estate, theoretically, they could be available for purchase even after the bankruptcy is closed, depending on local laws and the specific terms of the bankruptcy closure.

However, before considering the purchase of such judgments, you should assess their value and enforceability. Judgments typically have a lifespan determined by state law, and in Pennsylvania, this is generally 20 years from the date of the judgment, subject to renewal. If the judgments are nearing the end of their enforceability period or if the debtors have no assets, they might indeed be considered worthless. It's crucial to evaluate these factors before making any purchase.

If interested in purchasing these judgments, it would be wise to consult with a legal professional experienced in debt collection and bankruptcy proceedings in Pennsylvania. They can provide guidance on the purchase process, help assess the value of these judgments, and ensure that any transaction complies with legal requirements. Additionally, they can assist in determining if the judgments are still enforceable and worth the investment.

Keith Edmiston agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.