Can I collect an awardedjudgment from someonewho has filed bancruptcy?

UPDATED: Feb 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I collect an awardedjudgment from someonewho has filed bancruptcy?

Someone that I have sued has now filed for bankruptcy. This was a small personal loan between friends. I have yet to collect the monies from her after going to court on several occasions, she just refuses to pay. Now that she has filed bankruptcy is there anything I can do to collect the money from her, or will this be discharged through the bankruptcy? I was thinking about filing for wage garnishment, but if it’s going to cost me more money and I have no luck of collecting in the end, it’s not worth it.

Asked on February 18, 2011 under Bankruptcy Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is very likely to be discharged in bankruptcy. Any debts existing as of the time of the filing can be discharged. Of course, in theory, the bankruptcy can and should result in the creditor receiving some payment--whatever can be made from the debtor's assets (ch. 7) or from his/her income after paying necessary expenses (ch. 13), but if the creditor had few assets and little income--especially compared to the amount of the debt--then it is unlikely that unsecured creditors like yourself will receive anything; whatever there is will probably go to secured creditors and also to higher priority unsecured debts, like expenses of the bankruptcy, taxes, alimony and child support, etc.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption