How Debtors Should Handle Judgments In Bankruptcy

How Debtors Should Handle Judgments In BankruptcyHow to Handle Judgments In Bankruptcy

While filing bankruptcy stops a judgment from being enforced, judgments
can transform unsecured debts into secured debts in
bankruptcy, giving them priority.

Below are a few tips on how debtors should handle judgments when filing
bankruptcy:

  1. Tackling judgments in bankruptcy is an area where prevention really is
    better than a “cure.” If a debtor is facing a lawsuit by a credit
    card company or other lender, they should immediately file bankruptcy
    if that is in their best financial interest. Once the debtor files bankruptcy,
    it will stop the lawsuit from continuing and prevent the entry of any
    judgment against the debtor.
  2. If a judgment has already been won against the debtor, filing bankruptcy
    will prevent the judgment from being enforced. However, judgments may
    be treated as
    liens in bankruptcy, effectively turning unsecured debts into secured debts.
    For example: If a credit card company won a judgment against the debtor
    for $20,000 before bankruptcy, the judgment would become a lien against
    the debtor’s assets and have priority over other unsecured debts.
  3. Once the debtor has filed bankruptcy, they need to consult with their bankruptcy
    attorney about “stripping the judgment” making it unenforceable
    or void. By stripping the judgment in bankruptcy, the debtor prevents
    the debt associated with the judgment from becoming secured. This action
    is especially important in
    Chapter 13 bankruptcy where unsecured creditors receive less money in the repayment plan than
    secured creditors. Stripping a judgment in Chapter 13 bankruptcy can effectively
    reduce the amount of money a debtor must repay in the three to five years
    they remain in their plan.
By | 2017-12-13T02:37:37+00:00 April 11th, 2012|Bankruptcy|Comments Off on How Debtors Should Handle Judgments In Bankruptcy