If I have a civil judgement against me for back rent on a business lease that I cannot pay, can the judgement for $200,000 be extinguished through bankruptcy?

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If I have a civil judgement against me for back rent on a business lease that I cannot pay, can the judgement for $200,000 be extinguished through bankruptcy?

This includes attorney’s fees. I have never filed for bankruptcy before.

Asked on January 15, 2013 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The general rule is that a discharge in bankruptcy will extinguish the debt listed as long as it does not fall with in the categories of debt that can not be discharged (child support, student loans, etc.).  Your debt does not seem to fall with in that category. Now, understand that certain attorney's fees can not be discharged such as fees in a divorce case is Wisconsin.  I would double check with your attorney but you should be fine.  Just a note: it can not discharge a debt attached to property.  Good luck.


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