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Getting a Court Order Before Bankruptcy Filed

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  • 04-26-2011, 09:06 PM
    bah0684
    Getting a Court Order Before Bankruptcy Filed
    My question involves bankruptcy in the state of: Illinois

    Hello,

    I have a question that I hope someone can help with. I had a joint credit card at a retail store with my ex-girlfriend. We split up nearly two years ago. Since then, she has charged approximately $1,500 to the card. I have tried and tried to get her to pay the card off so that the account will be closed however she will not. She is now going to file bankruptcy. I have already retained an attorney to take her to court to get a court order that she is responsible for the debt and that I am not. My question is this...If I get a judge to order that I am not responsible for the debt, and she files bankruptcy, does the federal court bankruptcy supersede the state judge's order? Will I then be responsible for the debt that she accrued if she files bankruptcy but I have a judge's order that she is responsible? Please help!
  • 04-29-2011, 11:19 AM
    Mr. Knowitall
    Re: Getting a Court Order Before Bankruptcy Filed
    If you sue her for a judgment prior to bankruptcy, you would have to obtain the judgment based upon intentional misconduct (e.g., fraud) in order to defend the judgment against discharge in bankruptcy.
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