How Do You Collect A Judgment If The Debtor Files Bankruptcy?

 

How do you collect a judgment if the debtor files bankruptcy?
Profile photo for Tim Cella
Tim Cella
used to work at several law firms

The short answer is you typically don’t.

If the debtor files bankruptcy, then an automatic stay goes into effect which prevents the judgment from being collected against the debtor.

However, depending on what happens in the bankruptcy case you may still be able to collect either through the bankruptcy case or, if the case is dismissed (not discharged), then you can collect on it. In Utah, if you have recorded the judgment as a lien against real property, then your lien rights usually will remain in effect even if the judgment debtor does not legally owe the money due to a bankruptcy discharge. Each states laws are different so this is a situation you should absolutely speak with an attorney about. If you have a moment, call this law firm for a free bankruptcy consultation.

Ascent Law LLC

8833 S Redwood Rd Suite C

West Jordan UT 84088

(801) 676-5506

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Ascent Law is a law firm in West Jordan, Utah.This firm focuses on the following legal areas: Bankruptcy, Business, Estate Planning, Family, Probate,�...
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