If I have a judgment against someone but they filed for Chapter 13, what does this mean for me?

I recently won a court judgement against my ex for a car she failed to pay for. Prior to her first payment to me she filed for Chapter 13.Is there a way to prevent the judgment from being included?

Asked on August 1, 2014 under Bankruptcy Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You are going to have to get in line with all the other creditors.  The only chance might be if you think the filing was fraudulent and done solely to escape having to pay you.  You should consult a bankruptcy attorney to examine the filing and determine if that might be the case.  If so, you may be able to get the bankruptcy thrown out.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.