lawsuit and judgement and bankruptcy

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?

One garnishment at a time.

If you file bankruptcy, the garnishments will stop if they are for consumer debt (i.e., unpaid credit card accounts, unsecured loans, etc.).

I had payday loans included in my bankruptcy several years ago, and they were discharged. In the state I live in, payday loans that are not paid are not considered bounced checks. It depends on state laws as to how they are dealt with I believe.

I owe a lot in CC debt. I have not missed a min. CC payment or a mortgage payment. I can't continue to make the CC minimums much longer. My house is upside down in value vs. mortgage/equity so nothing there. My car is almost paid off, do I need to get a new one so I have no equity?. Can judgements and/or collections by the CC banks go after my IRA I've been told bankruptcy can't? Does a trust protect you assets form judgements/collections and/or bankruptcy?

I have won a judgement against someone and now they filed for bankruptcy, what can I do?

You can make a claim in bankruptcy court. If the person is filing chapter 7, it is likely that you are pretty much out of luck. Non-exempt assets are sold in chapter 7, so there is always the possibility that you would get something, but I think that would be a long shot. If the person is filing chapter 13, the repayment plan would probably give you a few cents on the dollar. Either way, it is likely that your judgment won't mean much.

I filed a complaint against a vet for malpractice on one of my animals. He cross sued for his vet bill which was $300. My case was thrown out of court on a technicality...there was not enough money for an attorney to take and a document wasn't properly filed. He was granted the cross-claim and my $300 bill went to $14,000 in two months. I went to the court to see the document and the file has been "lost". He has filed an attachment against any of my property but I don't have anything except a homestead and my car. I do have lots of debt and this $14,000 just pushes it over the top. Would this type of debt be discharged in bankruptcy? He can't get anything from me because I don't have anything, but he continues to send interrogatories and the hassle.

Just 25%...no more

i lost my house and now have a judgement agianst me not makiing much money due to the economy can i go bankrurpt

If you want to get rid of all your debts and make a fresh start, you can file bankruptcy. You should contact a bankruptcy attorney and discuss your financial situation with him/her. The bankruptcy attorney will be the best person to guide you in this matter.

I WON A JUDGEMENT, THE OTHER PARTY COMMITTED FRAUD and fraud is a criminal act,....ARE THEY QUALIFY TO APPLY FOR CHAPTER 7?