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  1. #1
    Join Date
    Sep 2016

    Default Should You Get a Warrant in Debt Against Somebody Who is Threatening Bankruptcy

    A man in Virginia is trying to collect a debt from another person. The other person says that he's going to file bankruptcy. Does it still make sense to pursue a warrant in debt, or will the debt be discharged in bankruptcy?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Should You Get a Warrant in Debt Against Somebody Who is Threatening Bankruptcy

    If the debt is dischargeable and the person files a bankruptcy case, the debt may be fully or partially discharged. The creditor can make a claim with the bankruptcy court to seek payment of the debt. Note that some debts are not dischargeable in bankruptcy, such as debts from injuries caused while drunk or debts from intentional misconduct such as theft or fraud.

    The larger question, though, is whether this is a real threat or if the debtor is simply trying to avoid having to pay the debt. That's not an assessment that we can make.

    If the amount of money involved justifies the time and effort of getting a judgment, and the debtor appears to have income and non-exempt assets, then it's probably worth filing a lawsuit and trying to get a judgment.

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