Can you include a credit card judgment in a bankruptcy?

Question

I have the possiblity that I might be sued for a delinquent credit card bill. They take you to court and sue you for payment, and it is called a credit card judgment (CCJ), and they can garnish your wages or take from your savings, etc.

Does anyone know, can you declare bankruptcy after the judgment (CCJ) is made, and have the CCJ included under the bankruptcy protection? Can you declare bankruptcy and have the CCJ as a part of it? Someone tried to tell me that it becomes a "secure" debt that you can't include in a bankruptcy, once the court makes a CCJ judgment.

Thank you in advance.

Answer 1

I don't understand the first answer given. I am a bankruptcy paralegal, and ALL credit card debts, including civil judgments, must be included in your petition and schedules. Maybe it is different in different parts of the country, but where I am from you are required to list all debts, lawsuits, judgments, etc. I have put a stop to many lawsuits and judgments in my day through the bankruptcy code. My best advice is to contact a bankruptcy attorney and set up a free consultation. Good luck.

Answer 2

If they garnish your wages, the garnishment would stop once you file bankruptcy. You would have to file a motion to set the judgment aside or void the judgment. If you filed with an attorney, check with them, because the motion may not be included with the attorney fees you paid.

If you have real estate, it is important that you check with the probate court to see if the judgment attached itself to your property. If it is attached to the property, you would have to file that motion, because the debt will be discharged, but the judgment will survive the bankruptcy (you would have to pay the creditor if you ever try to sell or refinance the property).

Whether you own real estate or not you should file a motion to set the judgment aside. The biggest problem I've seen with judgments and bankruptcy is when someone is trying to purchase or refinance a house and the mortgage company and title companies do not understand that if the debtor did not have any property when the bankruptcy was filed, it could not attach itself to anything or if the judgment attached itself to property after the bankruptcy was filed, it is a stay violation. Its less expensive to show someone an order from a bankruptcy judge showing a judgment was voided than incurring additional attorney fees in possibly filing an adversary proceeding, lawsuit, against the creditor or explaining to a third party how a judgment is treated in bankruptcy.

Answer 3

The bankruptcy paralegal is correct...judgments are discharged all the time in bankruptcy. One fact that people overlook is that a while a bankruptcy discharge might prohibit enforcement of the judgment, it does not automatically wipe out a judgment lien. You should consult with a local bankruptcy attorney for more information about your situation.

Answer 4

in case you have an FHA loan, you should regulate your mortgages. in case you declare financial disaster, the credit card money owed could be closed by capacity of the companies while they see your credit record. they could try this according to the credit card words of service.

Answer 5

Yes, you can.

Here are two good articles:

Judgments:http://www.expert-credit-advice.com/learn_about_judgements.htm

Bankruptcy: http://www.expert-credit-advice.com/bankruptcy_facts.htm

Answer 6

no judments can be considered