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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33097
Experience:  30 years experience representing clients.
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I am a minnesota resident. My question: Is a confession of

Customer Question

I am a minnesota resident. My question: Is a confession of judgment dischargeable in personal bankruptcy? The debt in question is a disputed legal bill. I have offered to settle for a discount, enter into a confession of judgment which allow me to pay off the debt in 45 days. If I am unable to do so, I am going to file for bankruptcy protection. Would this type of debt be dischargeable even though I have entered into a confession of judgment?
Submitted: 9 months ago.
Category: Legal
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Assuming the underlying obligation is dischargeable in bankruptcy, the existence of a confession of judgment would not preclude the scheduling and discharge of that debt.

Customer: replied 9 months ago.
Is this type of obligation an allowable and dischargeable debt?
Expert:  Loren replied 9 months ago.

Yes, legal fees can be discharged in bankruptcy.

Expert:  Loren replied 9 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 9 months ago.
I understand that legal fees are dischargeable. My concern is regarding a confession of judgement and if that affirms my obligation outside of bankruptcy.
Expert:  Loren replied 9 months ago.

No, a confession of judgement does not, in and of itself, ratify or otherwise render the obligation non dischargeable in bankruptcy. Certain obligations are affected, such as goods or services obtained by fraud, are non-dischargeable where there is a confession of judgment, but not legal fees.

Expert:  Loren replied 9 months ago.

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Loren