What Happens to Judgments in Bankruptcy?

By Teo Spengler

If a creditor wins a money judgment against you, that judgment may or may not be subject to discharge in bankruptcy. How judgments are treated in bankruptcy court depends on the type of debt you owe, not merely on the fact that a creditor won a judgment. Certain debts are not discharged in bankruptcy, and judgments on those debts will not be discharged either.

If a creditor wins a money judgment against you, that judgment may or may not be subject to discharge in bankruptcy. How judgments are treated in bankruptcy court depends on the type of debt you owe, not merely on the fact that a creditor won a judgment. Certain debts are not discharged in bankruptcy, and judgments on those debts will not be discharged either.

Statutory Exceptions to Discharge

Federal statutes contain a list of the types of debt that cannot be discharged in bankruptcy. This list includes money owed in taxes, child support, student loans and debt resulting from negligent or criminal behavior like fraud or drunk driving. Judgments resulting from these debts are likewise not discharged.

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Judgments Discharged in Bankruptcy

Most other debts and money judgments can be extinguished in bankruptcy court. Judgments frequently discharged include credit card debt, consumer debt and medical bills. The creditors of discharged debts can no longer attempt to collect them.

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Can You File Bankruptcy if You Already Have Judgments Against You?

References

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