Judgements and bankrupcy

August 22nd, 2006 by Questions

I have been back in Canada for over a year now. There was a lawsuit filed against me in Florida some 18 months ago but no final judgement yet. If I go into personal bankruptcy does it cover the judgement whenever it comes out? The plaintiff has only received summary judgement to date.

Questions

One Response to “Judgements and bankrupcy”



August 23, 2006 at 8:18 am, A licensed trustee said:

Unless the American Court system is significantly different from ours, summary judgement will be suffiecnt to enforce their claim against you in the U.S.

That being said, there are no international treaties on debt collection. The only items your Florida creditor has access to include U.S. income and U.S. assets. A Florida judgment is not normally enforceable in Canada.

If you were to file bankruptcy in Canada, the debt in Florida would not be affected. If you return to the U.S. in the future, the Florida creditor could pursue you for the debt. You would need to file bankruptcy in the U.S. to protect yourself from the Florida judgement.

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