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Judgment Discharged in Bankruptcy

Q. When I got my judgment, my lawyer told me my judgment was bankruptcy-proof. You told me that my judgment could be discharged in bankruptcy. Should I ask my lawyer to go to court again, and make my judgment bankruptcy proof?

A: We are not lawyers - but we do understand "Res Judicata". Res Judicata means that after you win a "final" judgment - one cannot re-sue someone again on the same causes.

We are not lawyers - but we know if a judgment does not specify and prove specific "Badges Of Fraud" - it is difficult to raise and prove the necessary badges of fraud later in bankruptcy court. To make a judgment harder to discharge in bankruptcy - there may be more legal action required. One example is when you later (during post judgment discovery on a default judgment) find evidence of fraud, etc. Even if you find this, getting a court to make a new judgment is not easy or cheap.

Even when your judgment already lists every badge of fraud, it often takes a lot of time and money to get the judgment debt determined and ordered non-dischargeable in the bankruptcy court.

We are not lawyers - you might want to ask a bankruptcy lawyer. (Not all lawyers are experts on bankruptcy issues.) See our Your Judgment and Bankruptcy and our Finding The Right Lawyer articles. Also see our National Lawyer State Bar List.

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