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  1. #1
    Join Date
    Sep 2010
    Posts
    9

    Default Can a Person Avoid Paying a Judgement if They File Personal Bankrupcy

    My question involves bankruptcy in the state of: New York

    I am currently involved in a civil suit in which if I win a judgment I am afraid the person will declare bankruptcy to be spiteful and avoid paying.

    Can anyone declare bankruptcy? Aren't there specific requirements or hardships that they have to present?

    If they do declare bankruptcy can they avoid paying a judgment?

    I am suing the individual personally.

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can a Person Avoid Paying a Judgement if They File Personal Bankrupcy

    Anybody who can meet the means test can file Chapter 7 bankruptcy. Anybody who does not meet the requirements of Chapter 7 is eligible to file Chapter 13.

    If you believe bankruptcy is a possibility, discuss with your lawyer how you might characterize your cause of action to make it non-dischargeable (e.g., intentional tort, damages arising out of voluntary intoxication, etc.)

  3. #3
    Join Date
    Sep 2010
    Posts
    9

    Default Re: Can a Person Avoid Paying a Judgement if They File Personal Bankrupcy

    Thank you that is great advise

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