How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I am in California - recently had a judgment entered against

Customer Question

I am in California - recently had a judgment entered against me on an unsecured debt for close to $15,000. The docket says it was entered against me on April 6, 2010, but I have still not seen an abstract of judgment filed (no notice). I do not want a bank account garnishment to occur, so I was hoping I could file Chapter 7 to have this judgment removed.

I heard the judgment can be given preferential treatment if I file for Chapter 7 within 90 days of the date that the judgment was ENTERED. Is that correct or is it 90 days from date the abstract of judgment is recorded, which I still have not seen notice of. Your expertise is greatly appreciated.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi JAGUEST,
The process is called "avoidance" - preferential treatment refers to debts the debtor voluntarily pays, not garnishments. In any event, avoidance is available for 90 days before the bankruptcy filing. However, a bankruptcy trustee will generally not "avoid" a transfer of funds for the debtor's benefit - the funds are kept by the trustee to distribute to the creditors (after the trustee takes his 10%).

Edited by Christina Fortunato, Esq. on 6/3/2010 at 9:09 PM EST

Related Bankruptcy Law Questions