by 
The Curious Bag
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A person has the choice of filing for bankruptcy protection under Chapter 7 or Chapter 13 of the bankruptcy code. A Chapter 7 bankruptcy discharges debt while a Chapter 13 bankruptcy requires you to pay off debt. You may wonder what type of debt is dealt with in these bankruptcy proceedings. For example, you may want to know whether you can use a bankruptcy filing to obtain relief from a civil court judgment.
Identification
Both types of consumer bankruptcies require you to include all of your debts in the case. You cannot leave out any creditor.
Effects
In either a Chapter 7 or 13 bankruptcy you are allowed you to resolve a civil court judgment. In a Chapter 7 case it will be discharged while under a Chapter 13 case you pay it off over time.
Benefits
A primary benefit of both types of bankruptcy when you have a civil court judgment against you is that the plaintiff in that case no longer can undertake direct collection efforts against you.
Time Frame
In a Chapter 7 bankruptcy, a judgment against you is discharged in about six months. A payment plan in a Chapter 13 bankruptcy, including a judgment, runs for between two to five years.
Warning
Bankruptcy cases involve complex procedures and complicated laws. Your interests and rights, including resolving a judgment, likely will be served most effectively if you retain a bankruptcy attorney to represent you.
Source:
Cornell University Law School: Bankruptcy Overview
"The Glannon Guide to Bankruptcy: Guide to Bankruptcy;" Nathalie Martin; 2006
Cornell University Law School: U.S. Bankruptcy Code
More Information:
American Bar Association: Bankruptcy and Insolvency Litigation Committee
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