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Is it a thing that you can claim bankruptcy

Posted on 6/2/24 at 6:11 am
Posted by themunch
bottom of the list
Member since Jan 2007
71351 posts
Posted on 6/2/24 at 6:11 am
To get out of paying a court judgment? Serious question.
Posted by RFK
Mar-a-Lago
Member since May 2012
2761 posts
Posted on 6/2/24 at 6:25 am to
Depends.

Which state?

Criminal or civil judgment?
Posted by OTIS2
NoLA
Member since Jul 2008
52218 posts
Posted on 6/2/24 at 6:32 am to
Depends on the underlying nature of the debt, whether there is equity in collateral, and other factors.
Posted by themunch
bottom of the list
Member since Jan 2007
71351 posts
Posted on 6/2/24 at 7:16 am to
I was reading the article on Sanders son was sued and is trying to file after years of collecting money from sport to discharge his liabilities with bankruptcy. Could be normal I do not know but was curious. It stems from a case in Dallas Tx.
Posted by The Torch
DFW The Dub
Member since Aug 2014
27912 posts
Posted on 6/2/24 at 9:02 am to
quote:

I was reading the article on Sanders son was sued and is trying to file after years of collecting money


He was also a minor when this happened so why aren't his parents involved in any settlement ?

Dion preaches about being a man of god and a stand up man
Posted by JerseyJohn
Member since Feb 2021
113 posts
Posted on 6/2/24 at 9:06 am to
Generally, but there are exceptions. For example, claims arising out of intentional acts are generally not subject to discharge.
Posted by OTIS2
NoLA
Member since Jul 2008
52218 posts
Posted on 6/2/24 at 9:25 am to
In that instance, a timely complaint to discharge must be filed and pursued to judgment. I only say this because some folks will read that post and think an intentional act debt is not discharged just because it is a debt arising from an intentional act.
This post was edited on 6/3/24 at 5:07 am
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
53794 posts
Posted on 6/2/24 at 9:29 am to
quote:

Is it a thing that you can claim bankruptcy to get out of paying a court judgment? Serious question


Yes this is a possibility in certain situations
Posted by Suntiger
STG or BR or somewhere else
Member since Feb 2007
35649 posts
Posted on 6/2/24 at 7:56 pm to
Bankruptcy doesn’t just let you get out of your debts either. A trustee for the court takes all your assets and debts and tries to pay as much of the debt with whatever assets you have besides a house, car and certain amount of cash, etc. Wages get garnished and other things sold to pay off debts.
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 6/2/24 at 9:37 pm to
quote:

Wages get garnished and other things sold to pay off debts.


That’s a broad sweeping statement and while it can be true if a person has a lot of assets the truth is that most bankruptcies are declared to be “no assets” and the penalty to the person is just the bankruptcy itself.
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
20032 posts
Posted on 6/2/24 at 11:46 pm to
I came for a Michael Scott gif...I am disappointed.
Posted by meansonny
ATL
Member since Sep 2012
26045 posts
Posted on 6/3/24 at 8:01 am to
quote:

That’s a broad sweeping statement and while it can be true if a person has a lot of assets the truth is that most bankruptcies are declared to be “no assets” and the penalty to the person is just the bankruptcy itself.


It is a lot more complicated than I have in my head.

But I presume most "no asset"bankruptcies go Chapter 7. And considering that it is a liquidation of assets, the filer probably doesn't have much.

Chapter 13 has the reorganization of debt. The filer agrees to a payment schedule per the judge. And the filer can work out a deal to keep assets from liquidation.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16616 posts
Posted on 6/3/24 at 11:33 am to
It depends on what kind of court judgment but yes, plenty of court judgments can be discharged in bankruptcy. Court judgments are the main reason for a lot of bankruptcies. There are exceptions such as child support judgments and a few others.
Posted by j1897
Member since Nov 2011
4312 posts
Posted on 6/3/24 at 12:31 pm to
quote:

I was reading the article on Sanders son was sued and is trying to file after years of collecting money from sport to discharge his liabilities with bankruptcy. Could be normal I do not know but was curious. It stems from a case in Dallas Tx.


Unless they pay off the judge, i don't see any way this happens.
Posted by texn
Pronouns: Y'All/Y'All's
Member since Nov 2019
4059 posts
Posted on 6/4/24 at 1:59 pm to
quote:

I came for a Michael Scott gif...I am disappointed.


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