Expert: Terry Leeders - 6/10/2008

Question
I get conflicting info online. Your advice will be most appreciated on 3 topics! I'm in California.

1)In Sept 2007 I won a monetary judgment for non-payment of rent, and to date have rec'd nothing from the debtor. A few days ago she filed for Chapter 7. How can I find out if my judgment is dischargeable or not?

2) My judgment was against a husband & wife (now separated and living apart). Only the wife filed Chapter 7. Can that have any effect on the husband's part of the judgment?

3) I read that I can request my claim not be discharged because of fraud on part of debtor(s). Would the following qualify: Debtors repeatedly promised rent payment was forthcoming, which didn't happen. Wife even created and signed a payment schedule, but only made the 1st one. Wife said she had a substantial welfare check coming that would be turned over to me. Even had me write a special letter outlining her back-rent for the Welfare Officer. Was told it could take 2 weeks. Never got check. It seems to me debtor(s) were intentionally misleading me as a way to avoid eviction: making promises of payment that usually never materialized.

THANK YOU!!!

Answer
1. Your judgment would be dischargeable in a chapter 7.
2. You would have to file a motion to modify the automatic stay protection to collect from the cosigner while her case is pending. If granted, then you can collect from the spouse.
3.  You should meet with an attorney to review if the debt to you could be determined non-dischargeable based on an adversary proceeding.  There are only a few exceptions to discharge.  Unfortunately, failure to pay a debt is not fraudulent, but there are other ways to determine that a debt is non-dischargeable, so go meet with an attorney to review them.