Bankruptcy

Can You Discharge a Judgment in a Chapter 7 Bankruptcy in Arizona?

By Joseph McDaniel, Esq.

It's probably a better idea if there aren't associated findings of fact and conclusions of law indicating fraud after two years of hot and heavy litigation in Superior Court in Arizona.

On the other hand, a garden-variety judgment is usually going to get discharged, unless the creditor files a Complaint to Determine Dischargeability within the relevant time period.

That's pretty unusual, though.

On the other hand, I don't much like it when folks let judgments get taken against them prior to the filing of their bankruptcy cases in Bankruptcy Court in the District of Arizona.

Mostly because it makes folks suffer more than they need to; debtor's exams, garnishments, and liens on the house that'll need to be scraped off during the bankruptcy process, which will also cost them more because there's more work that needs to be done. It's not that complicated; all complications make the bankruptcy more complicated, you know?

Better to file prior to the lawsuit turning into a judgment, or defend the lawsuit until the bankruptcy gets filed, assuming that there's some sort of legitimate defense to the lawsuit.

NOTHING HERE CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY LAWYER WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10 RATED, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY SECTION OR COMMITTEE. NOTHING HERE MAY BE USED AS LEGAL ADVICE IN CONNECTION WITH ANY BANKRUPTCY, WHETHER THAT BANKRUPTCY IS IN PHOENIX, GLENDALE, TEMPE, MESA, SCOTTSDALE, OR ANYWHERE ELSE.

Full post as published by Arizona Bankruptcy Attorney Blog on May 25, 2010 (boomark / email).