 TITLE: Does Bankruptcy Get Rid of Judgments? CONTENT: Is a Judgment a Dischargeable Debt in Bankruptcy?\n-------------------------------------------------\nThe manner in which a judgment is obtained has no bearing on whether bankruptcy can eliminate it. What matters is if the debt or obligation underlying the judgment is subject to discharge through bankruptcy.\nBoth Chapter 7 (liquidation) and Chapter 13 (reorganization) bankruptcy can eliminate, or discharge, many consumer debts, including:\n*   Credit card debt\n*   Personal loans\n*   Overdue rent or bill payments\n*   Private debts to friends or family members\nThe attachment of a judgment to a debt does not change the debt's eligibility for discharge through bankruptcy, and judgments associated with debts such as these are typically eliminated in the bankruptcy process.\nDebts are discharged in a Chapter 7 proceeding following the debtor's forfeiture of assets (with the exception of certain exempt items, typically including the debtor's primary vehicle up to a certain value). Debts are discharged in a Chapter 13 bankruptcy after the debtor completes the repayment plan imposed by the bankruptcy court.\nNeither Chapter 7 nor Chapter 13 bankruptcy can discharge all debts, however. Obligations that cannot be eliminated through bankruptcy include:\n*   Child support and alimony\n*   Criminal fines\n*   Mortgages (which entitle the lender to seize the mortgaged property to recoup financial loss)\n*   Obligations incurred through negligence, fraud or other criminal acts\nIn addition;\n*   Chapter 7 bankruptcy cannot discharge car loans, obligations to pay court costs or fees, or debts secured by liens (with certain exceptions).\n*   Chapter 13 specifically cannot discharge certain tax debts.\nStudent loan debt is not automatically subject to discharge through bankruptcy, but it can be eliminated through a process called adversary action, which is essentially a lawsuit filed inside a bankruptcy proceeding. Successful discharge of a student loan debt (and any judgments associated with it) requires that you show a good faith effort to repay the debt has been made, and that making additional payments would constitute a hardship for you or your dependents. In an adversarial action, the creditor is permitted to appear in court to challenge your claims, and the court rules on whether the debt can be discharged. END