Discharging Lawsuits & Judgments
Shedding Judgments and Liens Through Bankruptcy
Once a court has awarded a judgment against a person, there is a misconception that it sticks to that party like a shadow, even in bankruptcy. In fact, many judgments and creditor liens can be stripped through bankruptcy. However, these are fact-specific cases, and you should get the advice of a qualified bankruptcy lawyer.
The law firm of Stamps & Stamps, Attorneys at Law, can determine if you are able to escape judgments, lawsuits and liens that are dragging you down. We will sort out your dischargeable and nondischargeable debts to decide if bankruptcy is right for you.
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Discharging Lawsuit Judgments and Creditor Liens
As a rule of thumb, civil judgments and liens can be discharged through a Chapter 7 or Chapter 13 bankruptcy, but criminal judgments cannot. However, these generalities may not hold true in your case. Experienced bankruptcy lawyer Eric Stamps can determine if your particular debt is eligible to be discharged:
- Criminal judgments are a gray area. For example, if you caused an accident while driving drunk, a judgment against you for the other party’s injuries would be nondischargeable. However, other fines and restitution orders might be discharged in bankruptcy. We list all judgments and fines in your bankruptcy petition, but many times people are never contacted by the court again after their bankruptcy discharge.
- Civil judgments are usually dischargeable in bankruptcy such as awards in personal injury or property damage lawsuits. However, if the judgment stemmed from fraud, intentional acts or willful and wanton disregard for safety, you may not be able to discharge it.
- Property liens filed and perfected by creditors can often be discharged in bankruptcy. For example, mechanic’s liens against real estate may be dischargeable if you are letting the house go, and second mortgages may be stripped if you are “upside down” on your mortgage.
Dayton Bankruptcy Attorneys Committed to Debt Relief
Stamps & Stamps, Attorneys at Law, offers a free initial consultation to address debt relief and specific scenarios for discharging creditor judgments. We handle bankruptcy in the Dayton area and surrounding counties of Ohio. Call (937) 247-6447 or 888-435-0085, or contact us online.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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