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Question: Bankruptcy - California

Asked on 11/3/2009

Can a credit card judgement be discharged in bankruptcy?

A stipulated judgement was entered against me for credit card debt . A small payment plan was worked out for now and it will increase with time . My question is, would a bankruptcy throw out or cancel the judgement?


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Answers (2):

J.M.A., Member in Good Standing of the Connecticut Bar


I am a lawyer in CT and practice in this area of the law.  A credit card company that gets a judgment  may be discharged in bankruptcy as it is an unsecured debt as you describe here.  I suggest that you talk to a lawyer that does bankruptcy work so that you can ensure all the debts that you have are discharged, including the judgment.  it makes sense to dischare all your debts at once if you can.  Make an appointment and stop paying on the judgment if you are going to file.  most lawyers will consult with you for free the first time and give you an idea of what you need to do and be aware of.



  • Answered on 11/3/2009
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M.D., Member in Good Standing of the California and New York Bar


It depends on the type of bankruptcy. However, first of all it should be noted that although credit card debt is unsecured, once a judgement is obtained it can attach to the debtor's property (ie a lien on a house, for example).

As for the bankruptcy, if a Chapter 7 is filed and there are no assets or all your assets are exempt, the judgment can't be collected against you personally, although it may still appear on your record.  If there are non-exempt assets, the judgment might be collected against those assets because although you get a personal discharge that would not lift any liens against the property itself.  That might require a separate state court case a year later (the debtor files a petition under Section 522 of the bankruptcy code to remove the lien).

In a Chapter 13, you may have to pay some or all of the judgment, depending on your financial circumstances, but any payment would be stretched out over time. However, outside of filing bankruptcy, even with a judgment, some creditors might settle the debt for a lump sum payment.



  • Answered on 11/3/2009
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