I won a civil lawsuit against an ex-boyfriend for the total amount for which I sued plus post-judgement interest. This occured in the state of MD. Can this type of debt be eliminated if he files for bankruptcy?? HELP
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.What was the nature of the claim for which you sued?
During the course of our relationship, I lent him money that he promised to pay back - he never did. I then made an excel spreadsheet of everything to go over it with him...he wanted to see what he owed...and he signed it. When he failed to start payments, I took him to court and won the full amount.
Yes, such a judgement would be dischargeable unless there were damages awarded for Fraud. Otherwise, if it were a straight Loan and failure to repay, it would be discharged if the boyfriend filed for bankruptcy.
Why do some websites state that court-ordered civl judgement are non-dischargeable? Are there certain types that aren't dischargeable and in my case, others that are?
A civil judgment, even one resulting in wage garnishment, is usually dischargeable through bankruptcy. However, if the judgments were levied due to a lawsuit over wrongful death or injury that occurred while the individual was intoxicated, then as to these judgement, they are non-dischargeable therefore, these judgments will remain, but most others can be removed.As to any criminal fine or penalty, these are non-dischargeable debts. So are student loans, taxes, alimony, child support and recent credit card purchases.
Can I fight that if I were to show up at his bankruptcy hearing? Or do some bankruptcies not even go to a hearing?
Yes, you would get notice, along with the rest of the creditors, and you could object to your judgment being discharged if you have a legal basis for such action.
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