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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17234
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a default judgment is entered on a civil trial... can the

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If a default judgment is entered on a civil trial... can the person whom the judgment is for, file Chap 7 and have any and all of the judgment discharged as well as any attorney fees, court costs, etc?

Assuming the person qualified of course, is there any instance where the costs, fees, judgment amount itself, NOT be thrown out under Chapter 7 (again, assuming this person qualifies, can file, the debt is a civil debt from breaking a lease).

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common situation,

WALLSTREETESQ :

in a chapter 7, all costs and expenses would be discharged,

Customer:

Can a court, make us reaffirm the debt if they feel we wasted the courts time in fighting the case?

WALLSTREETESQ :

in a chapter 7 bankruptcy all debts including judgments would be discharged,

WALLSTREETESQ :

except for student loan debts and divorce or family court detbs

WALLSTREETESQ :

debts

WALLSTREETESQ :

No, a chapter 7 trustee will never make you reaffirm a civil debt,

Customer:

Wife is being sued for breaking a lease in a commercial property. We begged the owner, a single woman worth over $100m, to let us out months before we defaulted. Things changed and we hoped to find another tenant, they were of zero help. So I am doing what I can to continue the case as long as I can, out of spite to be honest.

WALLSTREETESQ :

unless the civil debt was due to fraud,

Customer:

It's not.

Customer:

There is zero way they would know I'm fighting this out of principle... we will lose. The debt is my wifes and there really isn't a defense against it.

WALLSTREETESQ :

This type of debt would be discharged, if your spouse qualifies for a chapter 7 the is debt would be discharged.

Customer:

About the only affirmative defense I could come up with was their decision to not mitigate the debt by trying diligently to rent it - which is a Florida requirement when it comes to leases being terminated.

Customer:

OK.

Customer:

Thanks

WALLSTREETESQ :

They cannot litigate the case in a bankruptcy,

WALLSTREETESQ :

a bankruptcy is for the debtor,

WALLSTREETESQ :

the creditor can only claim the debtor is hiding assets, to avoid the debt from being discharged.

Customer:

She hasn't filed yet. We were hoping to get some leniency from the owner... we're not. Filing will kill her credit. Didn't want to if we didn't have to. And we are not. We blew $300k on this place... pretty broke now.

Customer:

Thanks for the help.

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