Does Bankruptcy Erase Judgments?

Fri, Aug 28, 2015


253412963_cd24607838_bIn many cases, yes, but not all judgments can be erased in Florida.

A judgment is a decision handed down by the court that says you are responsible for repaying a debt, plus interest, court costs, and associated attorney fees. The judgment is filed into the court system in your county saying that you owe the debt. Thus, whenever you come into money of some sort (a settlement, inheritance, sale of property, etc.), the judgment can be attached, requiring you to pay the judgment. In addition, a creditor with a judgment against you can garnish your wages and income tax returns.

However, judgments have an expiration date that must be renewed or they expire. This can happen when the creditor is not paying attention, or basically just gives up on collection.

Many judgments resulting from unsecured debts can be erased, for instance, credit card debt judgments. But there are many judgments attached to collateral that cannot be erased.

Some debts and judgments can never be erased. These include:

  • Tax debt
  • Child Support
  • Alimony
  • Some Divorce Settlements
  • Student Loans
  • Fraudulent acquisition of money
  • Undisclosed debts at time of filing or soon after

Please understand that this is not an exhaustive list of debts that cannot be discharged.  Visit an experienced bankruptcy attorney for more in-depth information.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

Image: Some rights reserved by Pink Sherbet Photography


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