Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
1) A civil court judgment can be discharged if the underlying claim was not based on fraud or malicious injury.
2) Property and school taxes that are more than 2 years old can be discharged.
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.
I think this is what you wanted to know. If not, please let me know. Thank you.
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. ?
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.
If the civil court determined there was fraud or malicious injury involved, that would be enough to make that judgment non-dischargeable.
Error - property and school taxes can be discharged if they are for tax years older than one year before filing (not 2 years.)
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.?
Is your house on less than 1/2 acre?
Is your car worth less than $1,000?
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.
The trailer is exempt (protected) from collection even though it is registered as a motor vehicle.
Your car would also be exempt from collection if it is worth less than $1,000.
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?
That is correct - the judgment just sits for 20 years. And yes, the judgment holder can collect the judgment from the debtor's estate.
Upon the death of the judgment debtor.
Does the debtor have a bank account?
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.