What exactly is bankruptcy? going bankrupt?

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If my ex files bankruptcy are judgments removed, will he no longer be responsible for his judgment's, debts ?

Attorney Answers

7
Michael Schwartz ·
In simple terms, judgments are generally liens against real estate. If your ex husband has no real estate then then no, he will not be responsible for the judgments.
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Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Provided the judgments are based upon dischargeable debts, the underlying debt owed that is now in the form of a judgment will be discharged in his bankruptcy. Some nondischargeable debts are 1) most taxes, 2) most student loans, 3) child support or debt in the nature of child support, 4) alimony or debt in the nature of alimony, 5) debt other than child support or alimony set forth in a divorce decree and 6) debt owed as a result of an injury to someone while driving under the influence of alcohol or drugs. There are other debts that may be determined to be nondischargeable. The complete list is set forth in § 523(a) of the Bankruptcy Code. Some of the debts that are in § 523(a) are dischargeable in a chapter 13 case. For example, the debt other than child support or alimony incurred in a divorce decree can be discharged in a chapter 13, but not in a chapter 7. The discharge in a bankruptcy will not remove the judgment lien on real property owned by the debtor. However, some judgment liens can be removed by filing a motion to avoid a judgment lien on exempt property. If your ex files bankruptcy and he has been ordered to pay debt to you, to pay alimony or child support to you or to pay a joint debt that both of you owe, then you should contact an experienced bankruptcy attorney immediately to determine what you can and cannot do to collect the debt. If you take action that is not allowed under the automatic stay granted to your ex when files his bankruptcy petition, you may be responsible to pay funds to your ex and/or pay his attorney's fees for having to file an action against you. You can search for an attorney using the "Find a Lawyer" link at the top of this page.
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Russell Dombrow ·
Without being too redundant to the answers my colleagues already gave, the answer is "it depends." Generally, though, when the asker is an "ex," as you seem to be, the particular concern is over child support or other similar domestic relations-related obligations; usually, those obligations are either nondischargeable or very difficult to discharge.
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Jann Washington ·
If he filed a chapter 7 he may have his judgments and debts discharged, or wiped out, however the type of debt matters. Some debts such as domestic support, child support, taxes, and student loan debt are not discharge able in bankruptcy.
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Barbie Lieber ·
Depending on your particular facts, given that you may hold a claim that is non-dischargeable, I would urge you to consult very experienced and responsive counsel to ensure that your rights are protected. For instance, if you ex files for chapter 7, and there are assets to distribute in his estate and if you hold a claim for a domestic support obligation, etc. you would want to make sure that a proof of claim is prepared and filed for you. You may have a priority over other creditors thereby entitling you to payment on that claim first. in accordance with section 507(a)(1) of the Bankruptcy Code. Similarly, if you ex files for chapter 13 (a payment plan), you would want the proof of claim to be prepared and filed to ensure that any priority claim that you hold is paid in full in accordance with section 1322 of the Bankruptcy Code, or any other claim you have is paid in accordance with the plan. Many of us on provide free consultations. Best of luck, Barbie D. Lieber
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Eric Brandon BrownSocial Security LawyersTulsa, OK ·
Just discharging an unsecured debt is not the end of the story with regard to a bankruptcy's a effect on judgements. Depending on your state, judgements could become judgement liens on your real property that, if they encumber an exemption, can be cleared with a motion to avoid lien. Talk to a local attorney to see how his bankruptcy affects debt you may have together and assets you may jointly own.
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Elaine Fridlin ·
It really depends. I recommend you hire a lawyer, as filing for bankruptcy is not an easy process for non-lawyers. Once you disclose further information with your lawyer, he/ she will be able to give you a clear answer.
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