Can a judgment filed by a landlord for damages and rents be discharged in a Chapter 7?

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Can a judgment filed by a landlord for damages and rents be discharged in a Chapter 7?

Asked on July 22, 2013 under Bankruptcy Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it can be. A chapter 7 bankruptcy can discharge all but secured debts (technically, it does discharge those, but does not affect the security interest, so while the debt may be discharged, the creditor can still get the property securing the debt) and a few specific categories of debts  (e.g. child support; taxes; government guaranteed student loans; judgments arising from DWI/DUI). A judgment by the landlord such as you describe does not fall under those categories.


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