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Over 35 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
A bankruptcy judge does not have the power to revisit state court decisions. Likewise, if a judgment was entered in a state court, the BK judge has the power to rule that the debt is dischargeable in BK.
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the BK judge has the power to rule that the debt is dischargeable in BK.
what does hat mean?
If a state court has issued a judgment, the BK judge can rule that the debt should be discharged in BK and therefore the debtor does not have to pay on the judgment.
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Undoubtedly, since the Bankruptcy Act authorizes a proof of claim based on a judgment, such a proof may be assailed in the bankruptcy court on the ground that the purported judgment is not a judgment because of want of jurisdiction of the court which rendered it over the persons of the parties or the subject matter of the suit, or because it was procured by fraud of a party. Pepper v. Litton, supra, 306; Chandler v. Thompson, 120 F. 940; In re Continental Engine Co., 234 F. 58; In re Stucky Trucking & Rigging Co., 243 F. 287; In re Rubin, 24 F.2d 289.
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