Yes, many money judgments can be wiped out, but debts tied to fraud, fines, or family obligations can stay owed even after a bankruptcy discharge.
A court judgment can feel like the end of the road. It turns a debt into something that looks permanent, with court paperwork, interest, and the threat of collection tools like garnishment or bank levies. The part that surprises many people: a judgment is often just a new wrapper around an old debt. Bankruptcy deals with the debt underneath, then it limits what the judgment can do going forward.
This article breaks down what “discharged” means, when a judgment debt gets cleared, when it does not, and what extra steps you may need when a lien is involved. The goal is simple: you finish reading with a clear map of what changes after a bankruptcy case, and what paperwork still matters after discharge.
What A Court Judgment Really Means
A judgment is a court order saying you owe a creditor money. It can come from many places: a credit card lawsuit, unpaid rent, a medical bill that went to collections, a business dispute, or a car crash claim. Once the court enters judgment, the creditor may get access to collection tools that were not available before the lawsuit.
Two parts of a judgment matter in bankruptcy:
- Personal liability: the legal duty for you to pay the debt.
- Judgment liens: a claim attached to property (often a home) that can survive even if personal liability gets wiped out.
That split is the center of nearly every “judgment + bankruptcy” situation. People often think the judgment itself is the debt. In practice, the judgment usually proves the debt and gives the creditor collection rights. Bankruptcy can block those rights for discharged debts, yet a lien can be a separate fight.
How A Bankruptcy Discharge Changes A Judgment
A bankruptcy discharge is a court order that stops you from being held personally liable for certain debts. If a debt is discharged, a creditor is barred from trying to collect it from you as a person. That includes collection based on a prior court judgment tied to that debt. The Bankruptcy Code spells out the effect of discharge in 11 U.S.C. § 524 (Effect of discharge), including language that voids a judgment to the extent it represents personal liability on a discharged debt. :contentReference[oaicite:0]{index=0}
So, can a judgment be discharged? In many cases, yes, because bankruptcy is aimed at debts, and many judgments are built on dischargeable debts. Still, the result depends on what the judgment is for and whether the creditor has a lien that reaches your property.
It also depends on the chapter you file. Chapter 7 is the fast “wipe eligible debts” route for many people. Chapter 13 uses a multi-year payment plan and can handle some debts in a different way. The U.S. Courts’ overview of Chapter 7 bankruptcy basics explains that discharge is common in Chapter 7, yet certain debts are excluded. :contentReference[oaicite:1]{index=1}
Discharging A Judgment In Bankruptcy With Real-World Outcomes
Here’s the cleanest way to think about it: if the debt would be dischargeable in bankruptcy before the lawsuit, it is often dischargeable after the lawsuit too. The lawsuit does not automatically turn a dischargeable debt into a non-dischargeable one. What changes is that you now have a judgment on record, and a creditor may have taken extra steps, like recording a lien.
Bankruptcy usually stops wage garnishment and most collection attempts right away through the automatic stay. Then, if you receive a discharge, the creditor must stop trying to collect the discharged debt as your personal liability. That includes calls, letters, new lawsuits, and continued garnishment tied to the discharged amount.
Still, some judgment-based debts are built on claims that the Bankruptcy Code treats differently. The exceptions to discharge are listed in 11 U.S.C. § 523 (Exceptions to discharge). :contentReference[oaicite:2]{index=2} A creditor can also bring an adversary proceeding in bankruptcy court to argue that a specific debt falls into one of those categories.
Common judgment categories that often discharge
Many civil judgments come from consumer or contract disputes. These often discharge in Chapter 7 or get treated as unsecured claims in Chapter 13. Examples include unpaid credit cards, personal loans, medical bills, old utility balances, and many lease disputes.
Common judgment categories that can survive
Some judgments are tied to conduct or obligations that bankruptcy law treats as non-dischargeable. A fraud judgment is a classic one. Certain taxes, many domestic obligations, many criminal fines, and some injury-related debts can also survive. The details matter, including what the judgment says and what facts were proven in court.
When The Judgment Debt Is Dischargeable And When It Is Not
The fastest way to predict the outcome is to identify the underlying “type” of debt. If you are unsure, pull your complaint, judgment, and any findings from the court file. The wording in those documents can affect whether a creditor tries to block discharge for that debt.
Below is a broad, practical view of how judgment debts commonly play out. It is not a substitute for case-specific legal review, yet it will help you sort your judgment into the right bucket.
| Judgment basis | Typical discharge result | Extra notes |
|---|---|---|
| Credit card or personal loan lawsuit | Often discharged | Collection must stop after discharge; watch for a recorded lien. |
| Medical bill that became a judgment | Often discharged | Interest stops being collectible as personal liability after discharge. |
| Unpaid rent or lease dispute judgment | Often discharged | Past-due amounts can clear; future rent depends on lease status. |
| Breach of contract or business dispute judgment | Often discharged | Unless facts tie it to fraud or similar wrongdoing. |
| Auto accident judgment (ordinary negligence) | Often discharged | Not the same as DUI-related injury claims. |
| Intentional injury judgment | Can be non-dischargeable | May fall under willful and malicious injury exceptions in bankruptcy law. |
| Fraud-based judgment | Often challenged | May be excluded from discharge under the fraud-related exceptions. :contentReference[oaicite:3]{index=3} |
| Domestic obligations reduced to judgment | Commonly not discharged | Family-related duties can survive even when entered as a judgment. |
| Criminal fines, penalties, restitution | Commonly not discharged | Criminal obligations are treated differently from civil debts. |
| Certain tax judgments | Mixed | Outcome depends on tax type, timing, and filing history. |
Notice what the table does not say: it does not say “judgment” decides the outcome by itself. The cause of the judgment does. That’s why two people can both have “judgments” yet see opposite results in bankruptcy.
Judgment Liens: The Part That Can Stick Around
Even when the debt is discharged, a lien recorded against property can remain. That can happen when the creditor “perfected” a judgment lien under state law before the bankruptcy filing. If that lien attached to a home, it can cloud title and complicate a refinance or sale.
There is a Bankruptcy Code tool that may help in some cases: lien avoidance for certain judicial liens that impair exemptions. People often refer to this as a “522(f) motion.” Local court sites and forms can explain the concept and the steps used in real cases, like the Central District of California’s page on avoiding a judgment lien under 11 U.S.C. § 522(f). :contentReference[oaicite:4]{index=4}
Two practical takeaways:
- If the creditor never recorded a lien, a discharge that clears personal liability may end the problem.
- If a lien exists, you may need a separate step in bankruptcy court to remove it, depending on your exemptions and property value.
Bankruptcy clears personal liability, not every property claim
This is the spot where people get tripped up. A discharge is powerful. It blocks collection of discharged debts as your personal liability. Yet liens can ride through bankruptcy unless the Bankruptcy Code provides a way to avoid them, or unless they are paid through a plan, settled, or otherwise resolved.
Chapter 7 Versus Chapter 13 For Judgment Debts
Chapter choice changes strategy. A Chapter 7 case can wipe eligible judgment debts fast. Chapter 13 can give you time to deal with arrears, protect assets in some situations, and manage certain secured claims through a plan. Both chapters can stop garnishment while the case is active, and both can end with a discharge when requirements are met.
Chapter 7 discharge rules for individuals are grounded in 11 U.S.C. § 727 (Discharge). :contentReference[oaicite:5]{index=5} That statute sits behind the “fresh start” concept you see in court explanations. Chapter 13 has its own discharge rules and plan mechanics, so the same judgment can play out in a different rhythm.
Situations where Chapter 7 is a clean fit
- A money judgment from unsecured consumer debt.
- A garnishment that is draining paychecks and the underlying debt is eligible for discharge.
- No major lien issues, or lien issues that can be handled through a lien-avoidance motion.
Situations where Chapter 13 earns a look
- You need time to catch up on secured debts tied to a home or car while also stopping judgment collection.
- A lien issue exists and the plan structure offers a path to deal with it, depending on the facts.
- Your income is steady and a structured plan beats constant collection pressure.
The best chapter is not about pride or speed. It is about the shape of your debts, your assets, and what the judgment creditor already did before you filed.
| Issue | Chapter 7 outcome | Chapter 13 outcome |
|---|---|---|
| Stopping wage garnishment | Automatic stay halts most garnishments quickly | Automatic stay halts most garnishments; plan controls payments |
| Discharging the judgment debt (unsecured, eligible) | Often cleared at discharge | Often treated as unsecured; remaining eligible balance cleared at discharge |
| Recorded judgment lien on a home | May remain unless avoided or resolved | May be handled through plan terms or separate motions, based on facts |
| Fraud-related judgment claim | Creditor may challenge dischargeability under § 523 | Creditor may challenge dischargeability under § 523 |
| Timing and cash flow | Shorter case timeline for many filers | Multi-year plan with monthly payments |
| Handling multiple lawsuits at once | Stops most collection actions; focuses on discharge | Stops most collection actions; plan can manage several claims together |
Steps To Take If You Already Have A Judgment
If a judgment is already entered, bankruptcy can still help, but you want clean documentation and a tight sequence. These steps are meant to reduce surprises later.
Pull the full court record
Get the complaint, the judgment, any findings, and the docket. You want to know what the creditor alleged and what the court decided. If the record includes findings of fraud or intentional harm, the creditor may have a clearer path to challenge dischargeability in bankruptcy.
Check for a recorded lien
Search county property records for judgment liens on real estate. If you rent and own no real property, liens may still matter for other assets in some states, yet real estate is the classic scenario. If a lien exists, your bankruptcy paperwork may need to address it directly.
List the creditor correctly in your bankruptcy schedules
Bankruptcy notices go to the addresses you list. If a creditor does not receive notice due to incorrect information, it can lead to a dispute later. Use the creditor’s correct legal name and mailing address, and include any collection law firm tied to the judgment.
Track deadlines for creditor challenges
Certain discharge disputes have deadlines. If a creditor believes the debt fits an exception to discharge, they usually must raise it in the bankruptcy court process. Missing deadlines can matter, and so can missing notices.
Plan the “after discharge” clean-up
Even when bankruptcy clears the debt, the public record of the judgment may still appear in background checks or old databases. The legal force of that judgment to collect a discharged debt is limited by the discharge order, yet the record may still exist as a historical entry. You may want to keep a copy of the discharge order and schedules that show the creditor listed.
What Creditors Can Still Do After Discharge
A discharged judgment debt should not be collected as your personal liability. The discharge order acts like a court command to stop collection on discharged debts. The “effect of discharge” statute explains that the discharge operates as an injunction against collection of discharged debts. :contentReference[oaicite:6]{index=6}
Still, there are lanes where a creditor may act lawfully:
- Enforcing a surviving lien: a creditor with a valid lien may have rights against the collateral, depending on the lien type and what the bankruptcy case did with it.
- Pursuing non-dischargeable debts: if the debt fits an exception, collection may resume after the case, subject to other laws.
- Litigating dischargeability when permitted: a creditor can ask the bankruptcy court to rule that a specific debt is excluded from discharge under the exceptions list. :contentReference[oaicite:7]{index=7}
If a creditor tries to collect a discharged debt as personal liability, that can be a serious issue. Keep records of any contact, including letters, voicemails, and payment demands. Then speak with a qualified bankruptcy lawyer or legal aid office about your options in bankruptcy court.
Common Scenarios People Ask About
“The judgment is from a credit card. Does bankruptcy wipe it?”
In many cases, yes. If it is a standard consumer credit claim with no fraud findings, the debt is often dischargeable. Once discharged, the creditor should stop collecting on the judgment as your personal liability. Watch for liens, since a recorded lien can be a separate problem.
“The judgment creditor is garnishing wages. Does filing stop it?”
Filing a bankruptcy case usually triggers the automatic stay, which can stop many garnishments quickly. The creditor and the employer typically need notice, so timing and correct addresses matter.
“The judgment is tied to fraud. Can it still be discharged?”
Fraud-based claims are a classic exception category. The Bankruptcy Code lists exceptions that include debts obtained by false pretenses, false representation, or actual fraud. :contentReference[oaicite:8]{index=8} A creditor may file a case inside the bankruptcy (an adversary proceeding) asking the court to declare the debt non-dischargeable. Results turn on the facts and what was proven.
“The judgment is against my business. What then?”
If you personally guaranteed the debt or the judgment is against you individually, your personal bankruptcy may address it. If the judgment is only against an entity, the approach changes. Business structure and who is legally liable are the first things to verify.
Practical Tips For Getting The Full Benefit Of Discharge
Bankruptcy can deliver real relief, yet details decide whether you feel that relief day to day. These are habits that help people avoid loose ends:
- Keep your discharge paperwork: store it in a safe place, both paper and digital.
- Save proof of creditor notice: the court’s mailing matrix and notices help if a creditor later claims they were not listed.
- Check property records after the case: if you filed a lien-avoidance motion and won, confirm the record reflects the order where required.
- Do not restart old debts by accident: be cautious with post-bankruptcy payment demands that claim you still owe discharged amounts.
If your situation includes a judgment lien, the “win” often has two parts: discharge wipes the personal obligation, then the lien issue is handled through the Bankruptcy Code tool that fits your facts and local procedures. When those two steps are aligned, the judgment stops controlling your finances.
References & Sources
- Legal Information Institute (Cornell Law School).“11 U.S.C. § 524 (Effect of discharge).”Explains how discharge voids judgments tied to discharged personal liability and bars collection of discharged debts.
- Legal Information Institute (Cornell Law School).“11 U.S.C. § 523 (Exceptions to discharge).”Lists categories of debts that may be excluded from discharge, including certain fraud-related obligations.
- United States Courts.“Chapter 7 – Bankruptcy Basics.”Provides an official overview of Chapter 7 discharge concepts and notes that some debts are not discharged.
- U.S. House of Representatives, Office of the Law Revision Counsel.“11 U.S.C. § 727 (Discharge).”Sets out core rules governing Chapter 7 discharge for individual debtors under federal law.
- United States Bankruptcy Court, Central District of California.“Avoid Lien: Judgment Lien (11 U.S.C. § 522(f)).”Shows how judgment lien avoidance works in practice, including procedures and forms used for 522(f) motions.