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I would like to know...if a bank takes you to court after you have filed bankruptcy and the bankruptcy has been dismissed, what can the outcome be if the bank gets a judgement against you? Please help! P.J.
Answer -
Do you mean that the bankruptcy case was dismissed, or that you received a discharge? What chapter of bankruptcy was filed? Was this bank owed money prior to the bankruptcy filing?
So I am assuming that by your answer, the bank can come into the people's home and say...I will take this, this, this, and whatever they want, they can take...am I right? They can take anything they want to take for the judgement?
The bankruptcy was dismissed, it was chapter 13 and yes, the bank was owed money prior to the bankruptcy.
Answer -
If the case was dismissed, then it's as if it never happened so the outcome will be the same as it would have been without the bankruptcy, namely they can try to execute on the judgment by any number of means: wage garnishment, attaching assets, etc.
So I am assuming that by your answer, the bank can come into the people's home and say...I will take this, this, this, and whatever they want, they can take...am I right? They can take anything they want to take for the judgement?
The bankruptcy was dismissed, it was chapter 13 and yes, the bank was owed money prior to the bankruptc
So I am assuming that by your answer, the bank can come into the people's home and say...I will take this, this, this, and whatever they want, they can take...am I right? They can take anything they want to take for the judgement?
If you assume that, you would be incorrect. The bank can engage in whatever remedies are allowed under California law for collections which, as I said before, includes wage garnishment, getting a lien against assets, possibly seizing funds in bank accounts, etc. This is all subject to whatever exemptions you may have for those particular assets. None of the above includes unlawful entry into a residence.
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Mark J. Markus- California Bankruptcy Attorney
Expertise
Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.
Experience
Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on
Also visit our Los Angeles bankruptcy blog for interesting articles and much more.
Organizations
Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)
Publications
Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)
Education/Credentials
J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here
Awards and Honors
AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau
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