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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I just won a small claims case including costs which = 259.00

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I just won a small claims case including costs which = 259.00 can that person file bankruptcy on that court award?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

They can't file bankruptcy just on that amount, there has to be at least $5000 in debt to file a bankruptcy.

JD 1992 :

But if they have sufficient other debt then they can file it and include that amount.


I was under the impression that you could not include a court ordered judgment in a bankruptcy, guess that's not so, I won by default because she did not show, but when she was served she said she was filing

JD 1992 :

No, judgments from courts are included all the time. There are some types of judgment that aren't dischargeable in bankruptcy, like where there is a specific finding of fraud, but those are rare. Most judgments are completely dischargeable.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

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