Madera County, CA Bankruptcy Law Firms & Lawyers

If you file bankruptcy and receive a discharge, you will no longer have an obligation to pay most creditors. Speak with a knowledgeable bankruptcy attorney to see if bankruptcy is right for you.

Interesting word "awardee".... but good description of the person awarded the judgment against you who is usually called the judgment creditor. That person is supposed to list that judgment as an asset in his/her bankruptcy Schedule B and may be able to exempt (protect for himself) some of it but probably not most of it since the exemption about is limited. Therefore, the judgment is now collectable by the Trustee for the benefit of the awardee's (your judgment creditor's) own creditors in his bankruptcy case. The Trustee might decide that it is uncollectable and abandon it or go after you to collect it. People filing bankruptcy sometimes "forget" to report assets like judgments in their bankruptcy schedules so you might want to check to see if that person (awardee) reported it in the bankruptcy case. You might have a defense to any collection from that person if he failed to report it in the bankruptcy case because technically the failure to report the judgment and exempt at least part of it means that person has no power to enforce it. Only the trustee has that power to collect the judgment unless the trustee abandons it to the awardee if the trustee does not feel he can get paid.

Generally you need to provide the attorney with information about all your assets and your debts. The trustee requires a copy of the latest tax returns filed and pay stubs for at least 60 days (different trustees may require different things). You also need to complete a credit counseling class before you can file. Your attorney will need all information that reflects what you earned in the last 6 months (every pay stub).