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Generally the answer would be no with some very limited exceptions. While you are in a Chapter 13, the automatic stay prohibits nearly every type of debt collection activity. If a creditor takes action against you in violation of the stay, your attorney can file a motion for fines and penalties against the creditor.

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18y ago
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12y ago

It depends on the natures of the debt, but the answer is almost always yes. There are a few types of debts that are automatically nondischargeable (i.e. child suppport) and other types that are nondischarge if the creditor takes the proper legal steps to avoid the discharge (i.e. fraud). However, most civil judgments are dischargeable.

One word of caution: even if if a judgment is discharge, any judgment liens are NOT automatically discharged and may require further proceedings to be filed with the bankruptcy court.

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12y ago

Yes, but judgments based on assault, batterry, fraud, drunk driving (basically bad acts on your part) are NOT dischargeable. If you have judgments based on money owed for example, then yes it WOULD be dischargeable.

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13y ago

That really has no bearing on the bankruptcy proceeding or the judgment. By this I mean that having a judgment against you will not necessarily disqualify you from being able to file for bankruptcy. However, under no scheme of bankruptcy proceeding will a judgment be discharged so if that is the reason for filing for bankruptcy then it will not do any good. Court judgments are under the category of nondischargeable debt.

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11y ago

Technically yes and no. You could 'convert' your case to a chapter 7, but that would mean you have to meet the conditions for a chapter 7 case. Which involves wages being a certain amount; and the like.

No. You can only have one bankruptcy open at a time. If your financial situation worsens, or you have a short-term drop in tour income, you can suspend or withdraw your chapter 13, or convert to a chapter 7. If the secured debt arrears have been paid, usually in the first year of a plan, you may be able to terminate the chapter 13 and get a discharge. This is a very complicated area of bankruptcy, so consult an experienced local bankruptcy lawyer.

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14y ago

Yes, it will just mean that you will become one of the claimants among many others.

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14y ago

Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.

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Q: If in a chapter 13 can a judgment still be filed?
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Related questions

Can a chapter 7 be filed with an open chapter 13?

A Chapter 7 can be filed with an open Chapter 13.


If someone files chapter 13 in 2004 can chapter 7 now be filed?

if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009


I filed bankrupty under Chapter 13. My student loan is included in the Chapter 13 and I am paying on it. Can I still apply for another student loan?

Only if you have the courts permission


If Husband and you filed chapter 13 in June but he lost his job in December and now you need to convert to a chapter 7 the only problem is he filed chapter 7 in 2004 can you still file a chapter 7?

You would be able to file for chapter 7 but not your husband.


What happens when a person dies and they filed chapter 13 four years ago?

If the Chapter 13 Plan is still being paid and is still needed, it can continue. Someone will have to be responsible to continue the plan, whether there is an estate fiduciary (executor or administrator) or not. Check with the Chapter 13 Trustee.


What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?

This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....


Can you file a chapter 13 solely on your primary residence if your husband has filed a chapter 13 solely in the past?

No.


My husband filed chapter 13 bankruptcy in November.His court date is January 25th. Will we get a tax return?

Sorry, but this makes no sense. A chapter 13 filed in November 2011 should have had a plan confirmed by now. If there is a court date of some kind for January, the case may be about to be dismissed. In any event, if the chapter 13 is still pending when you get your tax refund, it will have to be given to the chapter 13 trustee.


If you filed Chapter 13 four years ago when can you file again?

There are no time limits for filing a Chapter 13.


Will it hurt your credit if one of your accounts on your credit report has filed chapter 13 but it is not yours but your ex-wife?

Yes. But not as bad as if you filed chapter 13 yourself. Not fair, eh?


Can mortgage arrears be put in chapter 7?

No, that can only occur in a chapter 13. If you filed a chapter 7, a lender would be able to get relief from stay (i.e. would still be able to foreclose on you)


In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?

Two years after the date of the chapter 13 dismissal.