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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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If I wil a civil case, which includes a judgement base on Fraud,

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If I wil a civil case, which includes a judgement base on Fraud, can the defendant wipe out the judgement? Even if the judgement is a Fraud conviction?

cortrightlaw : A judgment based on fraud is non dischargeable by way of bankruptcy. If the debtor files bankruptcy you would need to file an adversary proceeding to determine the debt non dischargeable.

So if I settled a civil lawsuit, I would just need to make sure that the defendant agrees to a judgement based on Fraud. Because if I settled, got a cash settlement without a judgement, and the defendant filed bankruptcy within 6 months of paying me; then I would have to give the money back based on a preference payment. Right?

cortrightlaw :

What you would want to do if you are settling the case you would get them to put in the language that the judgment is non dis-chargeable by bankruptcy. And if it was actually fraud you could also include language to that affect.

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