Bankruptcy and Judgment

[cyr101]

What is the name of your state? Florida
I have a judgment against someone who may file for bankruptcy. If he does, does this mean that I can not seize his assets, or that he will no longer be debted to me the 5,255 + 11% interst? I am trying to be civil with him, but I have been burned by his lies before. He says that he is hopefully getting a new job in Boston, and if he does, he will be able to pay me in monthly payments. Another question, if he does move, what are my legal rights in that state? Can i still seize his car, or put a lien on his house?What is the name of your state?

[Ladynred]

If he does, does this mean that I can not seize his assets,

That is EXACTLY what it means. Once he files for bankruptcy, the automatic stay drops into place and there can be ZERO actions to collect on any of his debts.

or that he will no longer be debted to me the 5,255 + 11% interst?

That is exactly what it means - if the debt is a dischargable unsecured debt, the bankruptcy will remove his liability for that debt and permanently prevent you from EVER trying to collect on it.

if he does move, what are my legal rights in that state? Can i still seize his car, or put a lien on his house?

Unless he's driving a REALLY expensive car, the state exemptions would probably prevent you from taking his car. If he buys a house, you could place a lien on it -- BUT ONLY once you domesticate your judgment in Massachusetts. Without 'moving' the judgment to MA, you have no rights there.

[cyr101]

Are all judgment liens dischargable unsecured debts?

[bigun]

Originally Posted by cyr101

Are all judgment liens dischargable unsecured debts?

Generally speaking-yes. Exceptions would be debts created due to some sort of criminal activity. Or, court ordered child/spousal support obligations.