lawsuit and judgement and bankruptcy

If sued by creditor, and a judgement is allowed, a bankruptcy will cancel the judgement and erase it from your credit report, right?

Depends on the kind of account. If it government money like a tax lein or student loan, then no, it can't even be discharged. Payday loans, no, because they are construed as bounced checks. Credit cards probably. There's more on the issue throoghout the Bankrupcy forum.

Thanks for the info. I am refering to a credit card.

In both the cases, a judgment can be discharged when you have filed for bankruptcy, but it depends on the kind of claim and the chapter of bankruptcy involved.

In case of judgments, the creditor cannot take any actions as long as you are filed under bankruptcy. But they will try to recover the judgment after the tenure of the bankruptcy is over. It is because judgments keep on renewing after a certain period as per the state laws.

If you do file for bankrupcy after a judgment, the original creditor may want to repossess all tangible purchases made on the card, I've heard of that.

I owe 2 credit card bills totalling about $17,000 since Sept. '05. I don't have a job, have a junk car worth $200 in my name, and about $500 in checking account and that's it. I live free with a relative.I've been getting calls for months but I have the phone blocked and it's not even in my name anyway. So, I haven't even spoken with anyone. One of them wrote and was willing to cut the bill in half. But I don't have any money except the $500. In other words, I'm homeless and broke. So what will they probably do? Thanks!Alan

ALSO...if filing chap 13 and you have individual debts and your husband/wife has individual debts and you have joint too......and your deed is worded in such a way.....tennants in all its entirety...meaning they can't take the house if just ONE of you is on the credit card. you both have to be on the credit card. and that's where the chap 13 comes in where you pay the trustee......the individual debt in your separate names gets WIPED OUT! judgements garnishing, stops in a 13.

Chap 13 saves your secured asset...your home! Depends on how your deed reads. if deeded correctly, your individual debt for each...wipes out. you pay joint debt in chap 13

Two Questions:

1. How do I find out if my state has a "wildcard exemption">

2. If a judgement is filed and the CA is able to seize my bank account, can't I just open a new one or will they be able to see this and seize the new one?

My main concern with this is that my name/SS# is linked to my parents accounts. I don't use these accounts it is just this way in case of emergency. I have my own personal account. Would they be able to touch my parents accounts b/c my SS # is linked to it eventhough it is not my money?

Also, a judge has to grant the CA permission to get information about my bank accounts, right? So, if I go to court and the judge sets up a payment plan for me, does this mean that a judgement still gets filed?

You will have to be watchful since your accounts are linked with your parent's. Try to arrange a payment plan before the court date. If the judge involves in deciding the payment plan, it is up to him to decide whether a judgment needs to be filed against you or not. You must have everything documented before the court date so that your side of the story is completely transparent and the judge makes fair decision suitable to you.

I have one account with my sister's anme and SS listed as joint owner. The account's debit card was hijacked so I have less than $20 in the account, now.

If I had a judgement against me, could the judgement holder take money from an account solely owned by my sister?

I guess I should just close the account so she is not associated with me.

The company should not debit the money from your sister's account but you must be cautious in this regard. Closing the account will be a better option.

my tennant hasnt payed rent for 8 months court date was today 6-26-07 judge says cant evict for 60 days but lease is up aug 4 because tennant fild for bankrupcy. i will loose my house to fourclosure

I would contact a lawyer and see what can be done in that situation . . . . I know there are plenty of laws in place to protect the tenant, so there should be something to protect you from losing your house because of it.

Here is something that has to do with the new bankruptcy laws and landlords who rent. It states that a tenant can not protect themselves from eviction by filing for bankruptcy. And that the landlord can proceed and evict the tenant despite the bankruptcy petition, tenants who rent are no longer protected under the new bk laws. Did you show up to the tenant's bk hearing to contest?

I have several garnishments that are about to come out of my pay check. Can they that 25% of my check for each garnishment or only 25% total and split the funds. Also if I file bankruptcy will the garnishments stop?