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DLAWNS
11-29-2008, 10:13 PM
I posted a thread in the Commercial lawn forum about being bankrupted. My question is if I was to get a judgment against them before they claimed bankruptcy would they still have to pay or could they just bankrupt the judgment. This is the second time this happened and I'm about fed up. Any other things I can do to prevent this crap from happening?

HOOLIE
11-29-2008, 10:27 PM
If you have a judgement against them, it cannot be included in a bankruptcy. Judgements, taxes, student loans, are a few of the things that cannot be 'bankrupted'.

DLAWNS
11-29-2008, 11:48 PM
Thanks for the reply, man. One more question, is that a state or federal law? Could it be different from state to state? Just wondering. Thanks again!

PROCUT1
11-30-2008, 12:00 AM
the judgement would be discharged in a bankruptcy.

If for any possible reason it wasnt. You will be so far down on the creditor list that you will never see a penny,.

DLAWNS
11-30-2008, 12:39 AM
the judgement would be discharged in a bankruptcy.

If for any possible reason it wasnt. You will be so far down on the creditor list that you will never see a penny,.

Awesome, lol. Thanks for the info.

topsites
11-30-2008, 01:02 AM
Yeah, you can show up in court the day those folks go through the process
of declaring their bankruptcy and contest it, which few (read: no) creditors ever do.

That is a bankrupcee's worst fear, that a creditor will actually show.
Most never do, truth be known it's due to them being out of state and reasons like that,
but you have every right to be at their bankruptcy hearing.

You may wish to consult with an attorney as to your rights, it is even possible
the state attorney can help you, might ask at the courthouse long before the
day just to see what they tell you.

DLAWNS
11-30-2008, 01:17 AM
Yeah, you can show up in court the day those folks go through the process
of declaring their bankruptcy and contest it, which few (read: no) creditors ever do.

That is a bankrupcee's worst fear, that a creditor will actually show.
Most never do, truth be known it's due to them being out of state and reasons like that,
but you have every right to be at their bankruptcy hearing.

You may wish to consult with an attorney as to your rights, it is even possible
the state attorney can help you, might ask at the courthouse long before the
day just to see what they tell you.

Thanks for the advice...I plan on showing up even if I don't get a dime, at least it makes me feel a little better.

HOOLIE
11-30-2008, 11:27 AM
the judgement would be discharged in a bankruptcy.

If for any possible reason it wasnt. You will be so far down on the creditor list that you will never see a penny,.

That's wrong....legal court decisions like judgements CANNOT be included in a bankruptcy. Of course, doesn't mean you'll ever get paid, just means that they still owe you and can't get out of that fact.

Fvstringpicker
11-30-2008, 04:07 PM
The "judgments" that cannot be discharged in bankruptcy are judgments for intentional injuries such as assault, debts incurred by fraud, alimony/child support and a few more. Judgments for ordinary debts, breach of contract, etc., are usually discharged in bankruptcy.

old oak lawn
11-30-2008, 09:50 PM
The "judgments" that cannot be discharged in bankruptcy are judgments for intentional injuries such as assault, debts incurred by fraud, alimony/child support and a few more. Judgments for ordinary debts, breach of contract, etc., are usually discharged in bankruptcy.

This is the correct. DLAWNS, if they filed bankruptcy and claimed your business as a debt your $$ is gone. showing up for Court is wasting your time. jmo. good luck

DLAWNS
11-30-2008, 10:06 PM
This is the correct. DLAWNS, if they filed bankruptcy and claimed your business as a debt your $$ is gone. showing up for Court is wasting your time. jmo. good luck

I figure it will be a waste of time, but if I have the time and it won't hurt my schedule, I am going to show up on principle. Thanks for the reply.

Green Finger
12-01-2008, 11:08 AM
I figure it will be a waste of time, but if I have the time and it won't hurt my schedule, I am going to show up on principle. Thanks for the reply.


Not to pile on but MAJOR waste of time. You have to sit there while they go through every line item on the docket.

The fun part is there are MULTIPLE cases. Not just one. Given this enconomy I have several non payers.:cry::cry::cry:

If they don't have it to pay, should I get my uncle to give them a visit?:hammerhead:

They can't even pay their electric bill. So I know they can't pay me. Get a good CPA and make sure all this is written off. (bad debt)

I think a lot of LCO are going to have to rethink thier billing procedures or try to carefully screen thier customers.

DLAWNS
12-02-2008, 09:36 PM
Not to pile on but MAJOR waste of time. You have to sit there while they go through every line item on the docket.

The fun part is there are MULTIPLE cases. Not just one. Given this enconomy I have several non payers.:cry::cry::cry:

If they don't have it to pay, should I get my uncle to give them a visit?:hammerhead:

They can't even pay their electric bill. So I know they can't pay me. Get a good CPA and make sure all this is written off. (bad debt)

I think a lot of LCO are going to have to rethink thier billing procedures or try to carefully screen thier customers.

Thanks for all of the input, guys. I appreciate it. I will wait and see if I hear back from their lawyer and make a decision from there. Thanks again!

mngrassguy
12-03-2008, 02:55 AM
It does very by state. Here, judgements are dismissed like any other debt unless they involve illegal activities, bodily harm caused by drunk driving, child suport, alimony, most college loans, most taxes and fines/restitutions.

Don't waste your time on this. You won't see a dime or face the debtor, just their rep.