Is a court judgement discharged with a Chapter 7 filing?
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Is a court judgement discharged with a Chapter 7 filing?
Asked on September 28, 2011 under Bankruptcy Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well, it really depends on the basis for the judgement. In other words, it depends on what the underlying actionwas about that caused the judgement to be rendered against you. There are certain debts that can not be discharged in a chapter 7 bankruptcy and so it would follow that a judgement that related to those type of debts also can not be discharged in a bankruptcy. They are generally as follows: Debts or creditors not listed on the schedules filed at the outset of the case. Most student loans, unless repayment would cause the debtor and his or her dependents undue hardship. Recent federal, state, and local taxes. Child support and spousal maintenance (alimony). Government-imposed restitution, fines, and penalties. Court fees. Debts resulting from driving while intoxicated. Debts not dischargeable in a previous bankruptcy because of the debtor's fraud.
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