What happens if the debtor declares bankruptcy?

Asked a year ago
If the debtor declares bankruptcy, the process of recovering a judgment can become complicated. When a debtor files for bankruptcy, an automatic stay is imposed, which puts a halt on all collection efforts, including the pursuit of a judgment. The bankruptcy court will determine if the judgment is dischargeable or if it can be included in the debtor's bankruptcy estate. If the judgment is non-dischargeable, it may still be challenging to recover the debt as it will depend on the specific circumstances of the bankruptcy case and available assets. In some cases, the judgment creditor may be able to petition the court for relief from the automatic stay or pursue a claim in the bankruptcy case. It is advisable to consult with a bankruptcy attorney to navigate the complexities of the situation and explore potential options for recovering the judgment.
Christian Allen is the editor / author responsible for this content.
Answered May 3, 2024

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