Palmdale Lawsuits & Judgments Lawyers
Bankruptcy is an effective remedy to discharge unsecured debts, including credit cards, lines of credit, and medical bills. In addition, when someone wins a lawsuit against you, the judgment that orders you to pay damages typically represents an unsecured debt. It is possible to discharge this amount as well, but there are certain legal criteria. These and many other bankruptcy rules that apply to lawsuits and judgments are complicated, so legal help is critical.
At Wadhwani & Shanfeld, our firm’s primary practice area is bankruptcy, so we are knowledgeable about dealing with lawsuits and judgments. We will assist with a Chapter 7 bankruptcy case if it is appropriate for your situation, and you can trust us to protect your interests throughout the process. Please contact us to set up a consultation right away. A Palmdale lawsuits & judgments lawyer can offer customized advice, and you can read on for some basics about your options.
Lawsuits and Chapter 7
This process is bankruptcy discharge, in which you eliminate qualifying debts and wipe out the balances. Unsecured debts, such as credit cards, medical debt, personal loans, and payday loans can be eliminated through Chapter 7.
When determining whether a judgment can be discharged, you need to scrutinize the debt that it represents. If the creditor filed a collection action for a qualifying debt and won, that judgment will also qualify for discharge.
Note that you must also qualify for Chapter 7, aside from the type of debt. Eligibility is determined according to income, and the threshold is the state median income amount.
Judgments You Cannot Discharge
There are some judgments that are non-dischargeable under bankruptcy laws, including:
- Alimony or child support;
- Student loan debt, in most cases;
- Certain types of tax debt;
- A judgment that was based upon embezzlement; and,
- A judgment from a personal injury lawsuit after a DUI accident.
In addition, you should keep in mind that a judgment is not dischargeable if the creditor has already filed a lien. This is an encumbrance on real estate or personal property that will remain until the debt is paid.
Legal Help with Lawsuits and Judgments
It is challenging to assess whether this type of debt may be discharged if you do not have a legal background, so trust Wadhwani & Shanfeld for advice. Our Southern California bankruptcy lawyers have in-depth knowledge of what can be discharged, and we can assess eligibility for Chapter 7. Even if you or your lawsuit-related debts are not eligible, bankruptcy can still free up cash to pay what cannot be discharged. Plus, you benefit from the automatic stay on creditor efforts.
Consult with a Palmdale Lawsuits & Judgments Lawyer to Learn More
If you are a party in a pending lawsuit or a judgment against you has already been entered, it is essential to retain skilled legal representation asap. Wadhwani & Shanfeld is ready to tackle the important legal tasks throughout the bankruptcy process, so you know your case is in good hands. Please contact us today to schedule a consultation with a Southern California lawsuits and judgments lawyer.