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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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In regards XXXXX XXXXX what items can or can not be discharged

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In regards XXXXX XXXXX what items can or can not be discharged in Bankruptcy? can a judgement in a civil lawsuit can a judgement be discharged. Also,can Property and school tax delinquency be discharged in bankruptcy, also can credit card debt be totally discharged. Joe

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

1) A civil court judgment can be discharged if the underlying claim was not based on fraud or malicious injury.

cfortunato :

2) Property and school taxes that are more than 2 years old can be discharged.

cfortunato :

3) Credit card debt can be completely discharged unless there are any charges for more than $600 to any one creditor within the 3 months prior to filing the Bankruptcy, if those charges were for luxury goods and services.

cfortunato :

I think this is what you wanted to know. If not, please let me know. Thank you.

Customer:

In regards XXXXX XXXXX statement of fraud , and malicious, would this need to rise to the level of criminal court., or does the civil court determine what is fraud and what is malicious. ?

cfortunato :
cfortunato :

No - a claim of fraud or malicious would not have to be a claim that could be or had to be prosecuted in criminal court.


 

cfortunato :

If the civil court determined there was fraud or malicious injury involved, that would be enough to make that judgment non-dischargeable.


 

cfortunato :

Error - property and school taxes can be discharged if they are for tax years older than one year before filing (not 2 years.)

Customer:

O.K., so if you have a non-discharge able judgement, what actually happens next. If your only assets are you car older than 10 years, and your main domicile. What can the court collect. I am retired. and live on Social Sec and a small pension. Would the judgment just sit.?

cfortunato :
cfortunato :

Is your house on less than 1/2 acre?

cfortunato :

Is your car worth less than $1,000?


 

Customer:

The house is a trailer, on rented property. In the state of fla, the trailer is considered a motor vehicle, for some reason. , and is registered as such.

cfortunato :
cfortunato :

The trailer is exempt (protected) from collection even though it is registered as a motor vehicle.

cfortunato :

Your car would also be exempt from collection if it is worth less than $1,000.


 

cfortunato :
Customer:

So , the judgement would just sit, until it expires in 20 years,? Will the court attempt liquidation upon death of the estate assets, if there are any?

cfortunato :

That is correct - the judgment just sits for 20 years. And yes, the judgment holder can collect the judgment from the debtor's estate.

cfortunato :

Upon the death of the judgment debtor.


 

cfortunato :
cfortunato :

Does the debtor have a bank account?

Customer:

Thank you so much, my questions are real possibilities that i will know more about on 8-15-12. I'am trying to gain knowledge as to how to proceed, you have helped me understand this much better.

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