Can I file for bankruptcy if a I have judgement against me?
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Can I file for bankruptcy if a I have judgement against me?
A court ordered me to pay 98,000.
Asked on August 27, 2010 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you can file bankruptcy while there is a judgment against you; in fact, the purpose of bankruptcy is get the filer out from under debts, which includes amounts owed pursuant to court judgments. That said, certain kinds of judgments are not dischargeable in bankruptcy, including child support and alimony; amounts owed due to injuries cased while DUI/DWI; and certain tax debts. You should consult with an attorney, who can make sure that your specific judgment (and any other debts or obligations) can be discharged (or eliminated) in bankruptcy, as well as to advise you as to which type of bankruptcy (e.g. Chapter 7, liquidation, or Chapter 13, debt adjustment--which is the bankruptcy where you then live under a court-ordered payment plan for several years) is right for you. Good luck.
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