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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am in California - recently had a judgment entered against

Customer Question

I am in California - recently had a judgment entered against me on an unsecured debt for close to $15,000. The docket says it was entered against me on April 6, 2010, but I have still not seen an abstract of judgment filed (no notice). I do not want a bank account garnishment to occur, so I was hoping I could file Chapter 7 to have this judgment removed.

I heard the judgment can be given preferential treatment if I file for Chapter 7 within 90 days of the date that the judgment was ENTERED. Is that correct or is it 90 days from date the abstract of judgment is recorded, which I still have not seen notice of. Your expertise is greatly appreciated.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
The process is called "avoidance" - preferential treatment refers to debts the debtor voluntarily pays, not garnishments. In any event, avoidance is available for 90 days before the bankruptcy filing. However, a bankruptcy trustee will generally not "avoid" a transfer of funds for the debtor's benefit - the funds are kept by the trustee to distribute to the creditors (after the trustee takes his 10%).

Edited by Christina Fortunato, Esq. on 6/3/2010 at 9:09 PM EST