Can I ignore a judgment that should have been discharged in bankruptcy but still shows on title?
Full Question:
Answer:
We cannot provide you with an opinion about the legality of a judgment that is found by a title company. However, we can provide you with some legal information which may be helpful in understanding how the process works.
Typically, most debts are discharged upon the successful petition for a Chapter 7 bankruptcy.
However there are some debts that cannot be discharged and include, but are not limited to the following:
1.Individual income taxes that have been assessed within five (5) years of the filing, but remain unpaid. (Older taxes are dischargeable).
2.Federal income taxes due when no return was filed or a fraudulent return was filed;
3.Attorney fees (child custody and support cases);
4.Debts incurred by the use of false financial statements or other false pretenses;
5.Court fines and penalties, including criminal restitution;
6.Alimony, maintenance and child support arrearage;
7.Unscheduled debts (any debts that the debtor fails to schedule on the bankruptcy petition or include on the mailing list);
8.Credit card purchases over $1,075 for luxury goods or services when incurred within 60 days of the filing of the bankruptcy;
9.Debts arising from a judgment incurred from a DWI/DUI conviction;
10.Damages arising from willful or malicious injury to property or persons;
11.Federally insured student loans (a hardship exception may allow a debtor to avoid certain educational loans);
12.Cash advances on credit cards within 60 days of the bankruptcy;
13.Debts arising from fraud or embezzlement or from the misuse of funds when the debtor was acting as a fiduciary. (Example: Embezzlement of money from a trust fund over which you have control);
14.Automobile purchase contracts;
15.Credit card charges for payment of taxes to the IRS;
16.Department store charges for appliances, furniture, etc.;
17.Home mortgages;
18.Medical malpractice judgments;
19.Purchase contracts for personal property (furniture, computers, appliances, TV's, etc.);
20.Mobile home purchase contracts;
21.Debts not listed on debt schedules and/or mailing list;
22.Excise, custom and trust fund taxes;
24.Home Owners association fees (fees due after filing, if debtor resides on the property).
