Can a money judgement be dischargeable in Chaper 7?
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Can a money judgement be dischargeable in Chaper 7?
I have judgement for money that a man took from us. Also, he striped my bike and gave me back 1/4. If the judgement was filed after he filed Chaper 7 can it be dischargeable?
Asked on July 25, 2011 Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless the money judgment you have against the person who damaged your bike was for an intentional tort, most likely the judgment can be eliminated in a Chapter 7 bankruptcy filing by the judgment debtor. You need to read the judgment you have to see if the judgment states that the conduct of the judgment debtor was something to the effect, "intentional, purposeful, wrongful or malicious".
If there is no language similar to what I stated, most likely your judgment can be discharged in the filed bankruptcy even if the judgment was filed after the bankruptcy filing. The only exception would be if the wrongful acts by the person who filed for bankruptcy occurred after the filing of the bankrupcty.
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