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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A judgment was entered against my business after attending

Customer Question

A judgment was entered against my business after attending court. Plaintiff = employee, later files bankruptcy and now trustee from bankruptcy court is seeking to collect judgment from me as if they owned the judgment. My question is that I'm about to reach settlement with trustee for x amount of $, would settlement reached include civil court fee that was entered along with the judgment? As one deal. Or should I expect surprises and additional money to be paid on top of settlement deal?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The trustee does own the judgment and the reason they own it is because they represent the bankruptcy estate and the judgment is a part of that bankruptcy estate. So it is up to the trustee to collect all assets of the bankruptcy estate. You now have to negotiate the settlement with the trustee and the settlement you reach would be the complete amount of the money you need to pay the plaintiff. If the civil court fee was ordered to be paid to the court directly, this is not included in your settlement and that is something that goes to the court directly not to the plaintiff. If the civil court fee was ordered in your judgment to go to the plaintiff, then it would be included in the settlement and would close the case out with you satisfying the judgment by the settlement with the trustee.