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    Civil penalty / judgement

    Is this dischargable in BK? I filed in early '08. I included them but was thinking it wasn't dischargable since it was a fine for a rental property. One of my credit reports shows it with a $0 balance, while another shows it with a $6k balance.

    Is it possible to tell what was discharged and what wasn't?

    Thanks!

    #2
    OK, first of all, anything on your credit report is junk. It is not a legal document in any way. As far as the fine, I cannot tell you as I do not know the intensity of the fine. Things like traffic violations, and other civil misdemeanors are not discharged so ignore what the zero says. The Judge says is what counts. Are you represented? More info please and we could "maybe" help. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Can you explain the phrase "fine for a rental property?" Do you mean a judgment filed by a landlord for a lease or property damage? What exactly did you included in your BK?

      I am assuming you have a discharged Ch 7, right?

      With a little more info, we might be able to point you in the right direction.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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        #4
        Hi guys,
        By fine for a rental property, I mean a fine from the city for a rental property. For example, at one of my old rental properties my tenant had some junk sitting outside and I didn't get it cleaned up in time and they fined me $750.

        Hope that makes more sense!

        Comment


          #5
          Originally posted by ChaserRu View Post
          By fine for a rental property, I mean a fine from the city for a rental property. For example, at one of my old rental properties my tenant had some junk sitting outside and I didn't get it cleaned up in time and they fined me $750.
          That's a civil fine, and I think it's non-dischargeable.

          11 USC 523 Exceptions to Discharge...

          (a)(19)(B)(iii) any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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