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

UPDATED: Apr 2, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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 AttorneyPages.com 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.

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