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I have a court decision in my favor for Small Claims. I have had to file Garnishment papers to attempt to get the money owed. Now the individual has filed Chapter 7 Bankruptcy. Can the person have the judgement discharged through this process?
Optional Information: State/Country relating to Question: Washington Already Tried: Looking on-line.
Yes, a judgment for money is dischargeable in a chapter 7 bankruptcy. If the debt would fall under one of the exceptions to discharge, under 11 USC 523, you can file an adversary objection. Otherwise, if there are no assets, your claim is done, and you need to talk to your tax adviser about possibly writing off the debt as uncollectible for next years Taxes. Good luck and thanks for your question. Sorry it isn't better news.
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar