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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Civil Judgment Collection

Customer Question

I filed a civil lawsuit where there was a joint judgment. I subsequently filed bankruptcy and included my debt. Can I still collect the judgment from the defendant?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi JACustomer,
What - if any - is the relationship between the judgment and the debt that was in the bankruptcy?
Did you include the judgment in the bankruptcy?
Customer: replied 7 years ago.
Yes, I included the judgment in the bankruptcy.
Expert:  cfortunato replied 7 years ago.
Your bankruptcy discharges your debts only, not the debts that others owe you, and has no effect on judgments that you have against others.
In other words, yes - you can still collect your judgment, even though you filed a bankruptcy.

Edited by Christina Fortunato, Esq. on 6/6/2010 at 2:39 PM EST

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