Can I File Bankruptcy If I Have A Judgment Against Me?
A judgment is a legal document — obtained after a lawsuit — ordering you to pay a creditor a debt. A judgment will not prevent you from filing for bankruptcy, and in many cases, filing bankruptcy will allow you to prevent the judgment from being enforced.
At FurrCohen, P.A., in Boca Raton, our lawyers are committed to you and your financial health. We look at all aspects of your situation, including your finances and any legal action taken against you, then develop a debt relief strategy that is right for you.
Eliminating Judgments Through Bankruptcy
Dealing with judgments during bankruptcy is a two-step process:
The first step is to determine whether the judgment is for a dischargeable debt.
In bankruptcy, the following debts are typically not dischargeable:
- Student loans
- Child support and alimony
- Certain taxes
- Damages awarded in personal injury or wrongful death claims
- Damages awarded for injuries caused by assault
- Damages awarded for fraud or misappropriation while acting as a fiduciary
Judgments for all other types of debt can generally be discharged through bankruptcy.
The second step is to remove judgment liens.
Even if the judgment is discharged, there may still be a lien against your property. Our attorneys will work to remove any liens placed on exempt property. The result? The judgment is unenforceable, your debt is eliminated and your assets are free of encumbrances.
You May Be Able To Reverse Collection Actions
Timing is everything. If your wages were garnished, assets repossessed, bank account levied or any other collection action was taken against you less than 90 days before you filed bankruptcy, the payment may be deemed a “preference,” and you may be able to get your money and property back.
The rules regarding preferences are complex. At FurrCohen, P.A., our attorneys have more than 30 years of experience handling complex bankruptcy cases. We will thoroughly examine your debts and all legal action taken against you to determine if a preference exists. Based on our findings, we will develop a debt relief strategy that not only eliminates your debts, but also reimburses you for qualifying collection actions taken against you.
Contact Our Firm For Help
For more information about judgments and bankruptcy please contact our Boca Raton, Fl office to speak with our bankruptcy lawyers, call 561-395-0500 or contact us online.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.