If you are in a chapter 13 and then have a judgement placed against you, can your case be dismissed?

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If you are in a chapter 13 and then have a judgement placed against you, can your case be dismissed?

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Asked on April 2, 2012 under Bankruptcy Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to answer your question, I need to know when the lawsuit resulting in the judgment against you that you are writing about was filed. Was the lawsuit filed before the Chapter 13 bankruptcy filing or after? Was the action which was the basis for the filing of the lawsuit incurred or arose before the bankruptcy filing or after the bankruptcy was filed? Was this judgment creditor listed in your schedule or creditors concerning your bankruptcy?

The reasons for the above questions are that if the events which triggered the filing of the lawsuit and resulting judgment against you occurred after you filed for bankruptcy protection, the judgment would not be subject to the bankruptcy orders in place with respect to your proceeding.

If the events triggering this judgment occurred before you filed for your Chapter 13 bankruptcy, the judgment against you seemingly would be subject to the bankruptcy proceedings. I suggest that you consult with your bankruptcy attorney regarding the timing of events as stated in the first paragraph of my answer to further assist you concerning the judgment that you are writing about.


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