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  1. #1
    SMURFEELAW is offline Member
    Join Date
    Jun 2004

    Charge off a court judgement?

    What is the name of your state (only U.S. law)? AZ

    I have a question regarding what is charged off in a Bankruptcy. I have a friend who was married to a guy and she got him to sign a pre-nup and promissory note that put him in a bad spot for when they divorced less than 2 years later. He had signed a Cosent Decree saying he would pay 550 a month for 10 years he didn't and she enforced well today the judge accepted their notarized settlement of 350 a month for 10 years and entered it as a Judgement (not Alimony or Spousal support) he said rather than pay her a dime he will file Bankruptcy. Can that debt be charged off in a Bankruptcy, there is nothing to secure the debt to, and she agreed to not make it a garnishment in the settlement since she had no idea that this was his plan. A bankruptcy wouldn't hurt him in anyway-- financially all he has in his name is a car loan and a few low limit credit cards, I do know he has student loans but from what i understand those and his child support cant be charged off anyway.

  2. #2
    Gregeney is offline Member
    Join Date
    Dec 2006
    If this payment was agreed and signed in a pre-nup or settlement agreement, he can expect a fight if he tries to get it discharged. In my opinion, he would likely lose that fight. The judge that ordered the judgment simply enforced the prior agreement.

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