In general, a debt represented by a judgment is just as dischargeable in bankruptcy as the same debt prior to entry of judgment. Note, however, that a judgment lien that attaches to assets is only avoidable if it impairs an exemption or attaches within 90 days before bankruptcy. If the complaint alleged fraud or other grounds that would make a debt non-dischargeable in bankruptcy, doing nothing may prevent you from later contesting the facts (i.e.

Many debtors file bankruptcy to delay foreclosure or eviction and it works, but that is not a good reason for filing. If you file bankruptcy, do so in good faith and do not try to abuse the system.

Immediately upon the filing of the bankruptcy petition, all creditors must stop any collections against you. The Bankruptcy Court issues what is called an "automatic stay. " This means that by order of the Bankruptcy Court all garnishments must cease and creditors may not take any further action on any lawsuit pending against you. The Bankruptcy also stops repossessions, foreclosures, harassing telephone calls and mail collections.

A bankruptcy stays on the credit report for 10 years. Collection accounts and all other credit report information stay for 7 years. Recency is a large determinant of credit score results. Having a prior bankruptcy is not always a stumbling block toward getting a home loan, especially if it occurred more than three years in the past.

After you have been sued for a debt and the creditor has obtained a judgment against you, the next step the creditor will take is to attempt to seize your bank account or wages (called a "garnishment"), seize any other property you may own, or put a lien on your real estate by filing their judgment at the Register of Deeds. There are nonbankruptcy steps you can take to protect your property from your creditors. If this applies to you, make sure we discuss it during the first interview.

YES! Filing the bankruptcy petition in the bankruptcy court automatically stays (stops) all of the listed creditors from trying to collect the money owed them. There are some creditors (such as secured creditors on your house, car, etc.) that you will need to pay, if those creditors have a valid lien on your property, and you want to keep that property.

You are required to list all creditors. If you intentionally omit a creditor from your schedules, it is perjury and you may lose your bankruptcy discharge. However, if a creditor is not known to exist at the time the schedules are filed, you may amend your schedules at any time the case is open to add an additional creditor.

A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file.

A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.

There are several ways in which the creditor can then proceed to collect his money. One way is to serve a garnishment order on your employer or bank. Another is to execute a judgment lien against your real estate or personal property. The creditor may seek out any assets that you may have that could satisfy the judgment against you.

You can file an amendment to your schedules up to a certain time before discharge. If the amendment is timely filed then the omitted creditor is added to the bankruptcy. It is perjury to intentionally omit a creditor. However, if you do not know that a creditor exists and there are no assets for your creditors, the debt will be discharged.

Answer: Yes, the child attending school may apply for services if there is a valid support order that orders support for that child.

Generally, yes. Even if you are paying a court ordered judgment that debt can usually be discharged. If the creditor filed a lien on your house or vehicle your attorney may be able to remove the lien as well. Consult a qualified bankruptcy attorney about your particular case.

The creditor needs to consider the costs involved with pursuing a judgment. Even when attorney fees are contingent upon recovery, additional expenses include court costs and in some cases third party services for investigators, consultants and experts. Further, the creditor should consider the potential expense of defending a counterclaim. Another issue to be considered in deciding whether or not to pursue a judgment is the likelihood of a recovery from the debtor once you obtain your judgment.

We can also remove a judgment if we receive confirmation from The Registry Trust Limited that it can be removed. The Courts will only allow removal of the judgment under the following circumstances: insurance company (related to the debt) is not paying a claim on time In the first instance, you should contact the county court concerned if you believe that the judgment was made in error and should be 'set aside'.

Post judgment motions must first be served on the New York County District Attorney's Office, located at One Hogan Place, New York, N Y 10013, then filed with the Motion Support Unit of the Supreme Court located at 100 Centre Street, Room 1007, New York, NY 10013, (646) 386-3860.

Once a bankruptcy is filed, all collection activity against that debtor must be halted under an automatic Stay Order. The Sheriff does not halt collection efforts unless written notification of the bankruptcy is supplied to the Civil Division. The Civil Division verifies the bankruptcy and issues a release of the garnishment or collection efforts to the employer. If a plaintiff is not included as a debtor in the bankruptcy, that plaintiff must seek relief from the bankruptcy court.

Bankruptcy will terminate garnishments as to wages earned after the filing of the bankruptcy. Wages earned before the filing may be recoverable from garnishment if those wages would have been exempt under bankruptcy. The only possible exception concerns child support collections. In such cases it depends on what chapter bankruptcy case is selected and whether the support first came due before the commencement of the case, etc.