If I won a judgement against a debtor in court but they have now filed Chapter 7, how can I save my court ordered judgment?

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If I won a judgement against a debtor in court but they have now filed Chapter 7, how can I save my court ordered judgment?

Asked on January 28, 2014 under Bankruptcy Law, New Mexico

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

Get in line with the other creditors.  The one possibility is if you can get the bankruptcy filing thrown out on the basis that it was a bad faith filing.  This may be true if you can show that the debtor does not qualify for a Chapter 7 and/or only filed for Chapter 7 to escape having to pay you the judgment.  


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