can judgements be included in Bankruptcys?

[myscoresawful]

Just wondering,

If I mentioned to a CA that I was going to file Bankruptcy and include all entries on my credit report, if they ran out and sued me right after that, would the judgement be able to be claimed in the bankruptcy?

I would obviously wait to see what they do before filing. I don't intend to file Bankruptcy, except as a last option, but I was curious.

[myscoresawful]

ah well, never mind, I think I found the answer, here it is in case it helps someone else...it's #5 and is what I believed all along.

http://www.caught.net/prose/baddebt.htm

[flacorps]

ah well, never mind, I think I found the answer, here it is in case it helps someone else...it's #5 and is what I believed all along.

http://www.caught.net/prose/baddebt.htm

That's a grotesque oversimplification. It's good for unsecured creditors to create (or to perfect existing but unperfected) liens because liens make unsecured creditors into secured creditors, and earlier liens take priority over later liens.

But bankruptcy stops collection activitiy temporarily, and perhaps permanently after all has been sorted out. The debts may be discharged, and if they are, the judgments that support them can then be vacated as a matter of right (some states make you wait a year after discharge), and when the judgments are vacated, the liens are dead.

And you needn't "challenge the lien" to do so. Including the debt on the debtor's schedule and notifying the creditor would do it. It is the creditor who must show up and object to how the BK court is treating the creditor, if there's anything about that treatment that gives the creditor grounds to do so.

[Macwench]

I filed BK7 in TN and it covered a judgement that had been entered less than a week before I filed. You want to make sure you include everything in your BK if you do it - took me a lot to dig up everything, but we did! There should be no reason for a judgement after you file if they are included in the filing - and I think it would be illegal for them to attempt to get one if the debt has been discharged.