⚖️ How to Collect a Judgment Against Someone Who Filed Bankruptcy — 2026 Guide

Understanding the Automatic Stay, Non-Dischargeable Debts, and Your Options as a Creditor When a Judgment Debtor Files for Bankruptcy

🏛️ The Debtor Filed Bankruptcy — Is Your Judgment Gone?

Few things are more frustrating for a judgment creditor than receiving notice that the debtor has filed for bankruptcy. After investing time and money obtaining your judgment, it can feel like the debtor just hit a “reset button” that wipes out your legal rights. But bankruptcy does not automatically eliminate all judgments. Depending on the type of debt, the circumstances under which it was incurred, and the chapter of bankruptcy filed, your judgment may survive the bankruptcy completely intact — and remain fully enforceable after the bankruptcy case concludes. This guide explains when judgments survive bankruptcy, how to protect your interests during bankruptcy proceedings, and what steps to take to collect a non-dischargeable judgment after the debtor’s bankruptcy concludes.

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Not All Debts Discharged

Fraud, willful injury, DUI, and other categories survive bankruptcy

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Proof of Claim

Filing a claim preserves your right to payment from the bankruptcy estate

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Adversary Proceedings

You can challenge discharge of your specific debt in bankruptcy court

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Post-Bankruptcy Collection

Non-dischargeable judgments become enforceable again after bankruptcy ends

📋 What This Guide Covers

📌 The Automatic Stay — What You Must Stop Doing Immediately
📌 Chapter 7 vs. Chapter 13 — How Each Affects Your Judgment
📌 Non-Dischargeable Debts — Judgments That Survive Bankruptcy
📌 Filing a Proof of Claim
📌 Adversary Proceedings — Challenging Discharge
📌 Secured Claims and Judgment Liens in Bankruptcy
📌 Collecting After Bankruptcy Concludes
📌 Protecting Your Interests During Bankruptcy
📌 Common Scenarios
📌 Frequently Asked Questions

🛑 The Automatic Stay — What You Must Stop Doing Immediately

The moment a debtor files a bankruptcy petition, an “automatic stay” goes into effect under 11 U.S.C. § 362. This is a federal court order that immediately halts virtually all collection activity against the debtor and the debtor’s property. The automatic stay is one of the most powerful provisions in bankruptcy law, and violating it can result in sanctions, contempt, and liability for damages — even if you did not know about the filing.

🚫 Collection Actions You Must Stop

❌ Wage garnishment: Any existing wage garnishment must be stopped immediately. Notify the employer and the court that issued the garnishment.
❌ Bank levies: Any pending or ongoing bank levy must be halted. If a levy was served shortly before the bankruptcy filing, funds may need to be returned to the debtor.
❌ Lawsuits: Any pending lawsuit against the debtor is automatically stayed. No further proceedings can occur in state court during the bankruptcy.
❌ Phone calls and letters: All collection communications — demand letters, phone calls, emails — must cease immediately.
❌ Judgment lien enforcement: You cannot foreclose on or enforce a judgment lien during the stay (though the lien itself typically remains in place).
❌ Property seizure: No seizing or repossessing property, including vehicles, equipment, or inventory.

⚠️ Violating the automatic stay is taken very seriously by bankruptcy courts. Courts can impose sanctions including actual damages, punitive damages, and attorney fees against creditors who willfully violate the stay. Even inadvertent violations — such as continuing garnishment because you did not receive timely notice — can create problems. If you learn that a debtor has filed bankruptcy, stop all collection activity immediately and consult a bankruptcy attorney before taking any further action.

📋 How You Learn About the Filing

You should receive official notice from the bankruptcy court listing the debtor’s name, case number, chapter filed, and the deadline for filing a proof of claim. However, notice sometimes arrives late — especially if the debtor used an old address for you. You can also search the federal PACER system (Public Access to Court Electronic Records) at pacer.uscourts.gov to check whether any person has filed for bankruptcy. If you suspect a debtor may be planning bankruptcy, checking PACER periodically can give you advance warning.

📊 Chapter 7 vs. Chapter 13 — How Each Affects Your Judgment

The impact of bankruptcy on your judgment depends heavily on which chapter the debtor files under.

Factor	📋 Chapter 7 (Liquidation)	📋 Chapter 13 (Repayment Plan)
What happens	Non-exempt assets sold, proceeds distributed to creditors, remaining dischargeable debts eliminated	Debtor proposes 3-5 year repayment plan, pays creditors from income, remaining balance of dischargeable debts eliminated after plan completion
Typical duration	3-6 months from filing to discharge	3-5 years (length of the repayment plan)
Your judgment (if dischargeable)	Eliminated after discharge — you receive only your share of liquidation proceeds (often pennies on the dollar or nothing)	Partially paid through the plan — remainder discharged after plan completion
Your judgment (if non-dischargeable)	Survives the bankruptcy — fully enforceable after discharge	May be partially paid through the plan — remainder survives and is enforceable after plan completion
Judgment liens	Debtor may seek to avoid (remove) judgment liens on exempt property	Same — liens on exempt property may be avoided

🛡️ Non-Dischargeable Debts — Judgments That Survive Bankruptcy

This is the most important section for judgment creditors. While bankruptcy discharges most unsecured debts, federal law (11 U.S.C. § 523) creates specific categories of debts that cannot be discharged — meaning they survive the bankruptcy and remain fully enforceable afterward. If your judgment falls into one of these categories, bankruptcy does not eliminate it.

📋 Categories of Non-Dischargeable Debts

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Fraud, False Pretenses, or False Representation (§ 523(a)(2))

Debts obtained through fraud, including false financial statements, misrepresentation of identity or creditworthiness, and use of false pretenses to obtain money, property, or services. If the debtor lied to get credit, lied about their financial condition, or used deception to obtain your money — the resulting judgment is non-dischargeable.

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Embezzlement, Larceny, or Fiduciary Fraud (§ 523(a)(4))

Debts arising from embezzlement (misappropriation of funds entrusted to the debtor), larceny (theft), or fraud committed while acting in a fiduciary capacity. If the debtor stole from you, your judgment survives.

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Willful and Malicious Injury (§ 523(a)(6))

Debts resulting from willful and malicious injury to another person or their property. This includes intentional torts — assault, battery, conversion, intentional property damage — where the debtor deliberately caused harm. The injury must be both willful (intentional) and malicious (done with intent to harm or with reckless disregard).

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DUI / DWI Injuries (§ 523(a)(9))

Debts for death or personal injury caused by the debtor operating a motor vehicle while intoxicated. If you hold a judgment for injuries caused by a drunk driver, that judgment survives bankruptcy.

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Domestic Support Obligations (§ 523(a)(5))

Child support, alimony, and other domestic support obligations are always non-dischargeable. Judgments for unpaid child support or spousal support survive bankruptcy intact. See child support enforcement guide.

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Government Fines and Penalties (§ 523(a)(7))

Government fines, penalties, and forfeitures — including criminal restitution orders — are generally non-dischargeable. Tax debts also have complex non-discharge rules depending on age and compliance history.

✅ Why This Matters: If your judgment is based on fraud, intentional wrongdoing, embezzlement, theft, DUI injuries, or domestic support, the debtor cannot use bankruptcy to escape it. Your judgment survives, and after the bankruptcy concludes, you can resume full collection using all available enforcement tools — wage garnishment, bank levies, property liens, and debtor examinations. The debtor may emerge from bankruptcy with their other debts eliminated, making them more likely to have collectible income and assets since they are no longer burdened by other creditors.

📋 Filing a Proof of Claim

Regardless of whether your judgment is dischargeable or non-dischargeable, you should file a proof of claim in the bankruptcy case. A proof of claim is a formal document telling the bankruptcy court that you are a creditor, how much the debtor owes you (including accrued interest), and the basis for your claim.

📝 Why Filing a Proof of Claim Matters

🏦 You receive a distribution: In Chapter 7 cases, if the trustee liquidates any of the debtor’s non-exempt assets, creditors who filed proofs of claim receive a share of the proceeds. In Chapter 13 cases, creditors who filed claims are paid through the debtor’s repayment plan. If you do not file a claim, you receive nothing from the estate.
📋 You preserve your legal position: Filing a proof of claim establishes your claim on the record, which can be important if you later need to challenge dischargeability or participate in other proceedings.
⏰ Deadlines are strict: The bankruptcy court sets a specific deadline (called the “bar date”) for filing proofs of claim. Missing this deadline can bar your claim entirely. The deadline is stated in the notice you receive from the court — typically 70 days after the filing date for Chapter 7 and within the first few months for Chapter 13.

📝 How to File

The proof of claim form (Official Bankruptcy Form 410) is available from the bankruptcy court or at uscourts.gov. Attach a copy of your judgment and any other documentation supporting your claim. File it with the bankruptcy court handling the debtor’s case. You can file electronically through PACER/CM-ECF or by mail. Include the full amount owed — principal plus all accrued interest through the date of the bankruptcy filing.

⚖️ Adversary Proceedings — Challenging Discharge

If you believe your judgment falls into a non-dischargeable category, you may need to file an “adversary proceeding” in the bankruptcy case to formally establish that your debt cannot be discharged. An adversary proceeding is essentially a mini-lawsuit within the bankruptcy case, where you ask the bankruptcy court to declare that the specific debt owed to you is non-dischargeable under § 523.

⏰ Critical Deadline: The Complaint Must Be Filed on Time

For debts based on fraud (§ 523(a)(2)), embezzlement or fiduciary fraud (§ 523(a)(4)), and willful and malicious injury (§ 523(a)(6)), you must file an adversary complaint within 60 days of the first date set for the meeting of creditors (also called the “341 meeting”). This deadline is strict — if you miss it, your debt will be discharged even if it would otherwise qualify as non-dischargeable.

⚠️ Do Not Miss the 60-Day Deadline: This is the single most important deadline in the entire process. If your judgment is based on fraud, theft, or intentional harm, you must act quickly to file an adversary proceeding. Consult a bankruptcy attorney as soon as you receive the bankruptcy notice to evaluate whether an adversary proceeding is warranted and to file within the deadline.

📋 What You Must Prove

The burden of proof in an adversary proceeding depends on the category of non-dischargeability you are claiming.

📋 Category	⚖️ What You Must Prove	📊 Standard
Fraud (§ 523(a)(2)(A))	The debtor made a false representation; knew it was false; intended to deceive you; you reasonably relied on it; you suffered damage as a result	Preponderance of the evidence
False financial statement (§ 523(a)(2)(B))	The debtor provided a materially false written financial statement; you reasonably relied on it; the debtor intended to deceive	Preponderance of the evidence
Embezzlement/Larceny (§ 523(a)(4))	The debtor misappropriated property that was entrusted to them (embezzlement) or wrongfully took your property (larceny)	Preponderance of the evidence
Willful and malicious injury (§ 523(a)(6))	The debtor intentionally caused injury to you or your property with malicious intent or reckless disregard for consequences	Preponderance of the evidence

💡 Prior Judgment Helps Your Case: If your original judgment was based on fraud or intentional wrongdoing — especially if the court made specific factual findings about the debtor’s conduct — those findings can often be used in the adversary proceeding through the legal doctrine of “collateral estoppel” (issue preclusion). This means the bankruptcy court may accept the state court’s factual findings without requiring you to reprove them. This significantly strengthens your adversary proceeding and may allow for a quicker resolution.

🏠 Secured Claims and Judgment Liens in Bankruptcy

If you recorded a judgment lien against the debtor’s property before they filed bankruptcy, your claim is partially or fully “secured” — meaning it is backed by a specific asset. Secured claims are treated differently in bankruptcy than unsecured claims.

🔗 Judgment Lien Treatment in Bankruptcy

In Chapter 7, the debtor can file a motion to “avoid” (remove) a judicial lien under 11 U.S.C. § 522(f) if the lien impairs an exemption to which the debtor would otherwise be entitled. This means: if the debtor’s equity in the property is less than the state exemption amount, and your lien pushes the total encumbrances above the property’s value, the court may reduce or eliminate your lien. However, if the debtor has non-exempt equity in the property, your lien is preserved up to that value.

In Chapter 13, the treatment depends on whether the property has value above other liens and exemptions. If it does, your secured claim is paid through the plan. If the property is “underwater” (worth less than senior liens), your lien may be stripped.

💡 Why Filing Liens Early Matters: A judgment lien filed well before a bankruptcy filing has the strongest position. Liens filed shortly before bankruptcy may be challenged as “preferential transfers” under certain circumstances. The earlier you record your judgment lien, the stronger your secured position will be if the debtor later files bankruptcy.

🔄 Collecting After Bankruptcy Concludes

If your judgment survives bankruptcy — either because it was determined to be non-dischargeable or because the debtor’s bankruptcy was dismissed without discharge — you can resume full collection activity once the bankruptcy case is closed.

📋 Steps to Resume Collection

📍 Step 1: Confirm the Bankruptcy Status

Check PACER to confirm the bankruptcy case has been closed and the discharge has been entered. Verify whether your specific debt was included in the discharge or was determined to be non-dischargeable. If you won an adversary proceeding, you should have a court order declaring your debt non-dischargeable.

📍 Step 2: Update Debtor Information

The debtor’s financial situation may have changed dramatically during bankruptcy. Order a new asset search and skip trace to get current information on their address, employer, property, and assets. The bankruptcy may have eliminated their other debts — meaning more of their income and assets are now available to satisfy your judgment.

📍 Step 3: Resume Enforcement

With current information in hand, proceed with all available collection methods: wage garnishment against their current employer, bank levies, judgment liens on any new property, and debtor examinations to uncover additional assets. The debtor may actually be easier to collect from post-bankruptcy because their other debts have been eliminated and they may have started rebuilding financially.

✅ The Post-Bankruptcy Collection Advantage: Ironically, a debtor who emerges from bankruptcy may be a better collection target than before. Their other unsecured debts have been discharged, which means their disposable income is higher (no more credit card payments, medical bill payments, etc.). They may have started a new job, opened new bank accounts, and begun rebuilding credit — all of which create new collection opportunities for your non-dischargeable judgment.

🛡️ Protecting Your Interests During Bankruptcy

📋 Creditor’s Checklist When Debtor Files Bankruptcy

✅ Stop all collection activity immediately — halt garnishments, levies, calls, and letters
✅ Note all critical deadlines — proof of claim bar date, 341 meeting date, adversary proceeding deadline (60 days after 341 meeting)
✅ File your proof of claim — include the full judgment amount plus accrued interest
✅ Evaluate non-dischargeability — does your judgment arise from fraud, intentional harm, embezzlement, DUI, or domestic support?
✅ Consult a bankruptcy attorney — especially if you need to file an adversary proceeding (the 60-day deadline is unforgiving)
✅ Attend the 341 meeting of creditors — you have the right to attend and question the debtor under oath
✅ Monitor the case on PACER — watch for lien avoidance motions, plan confirmations, and discharge orders
✅ Object if warranted — you can object to the debtor’s claimed exemptions, the Chapter 13 plan if it does not pay you fairly, or discharge if the debtor committed fraud in the bankruptcy process itself

🔄 When Bankruptcy Is Dismissed or Converted

Not every bankruptcy filing results in a discharge. Bankruptcies can be dismissed (thrown out) or converted (changed from one chapter to another) — each with different implications for your judgment collection efforts.

📋 Dismissed Bankruptcy

A bankruptcy case may be dismissed for several reasons: the debtor failed to file required documents, failed to complete the required credit counseling, failed to make Chapter 13 plan payments, committed fraud in the petition, or the court determined the filing was an abuse of the bankruptcy system. When a bankruptcy is dismissed, the automatic stay is lifted and your judgment is fully enforceable as if the bankruptcy had never been filed. All collection rights are restored — you can immediately resume wage garnishment, bank levies, and other enforcement.

💡 Strategic Opportunity: When a bankruptcy is dismissed, the debtor may be in a worse position than before they filed. The bankruptcy filing is on public record (potentially affecting their credit and reputation), they may have incurred legal fees, and they have lost the automatic stay protection. This is often an excellent time to press for a settlement or intensify enforcement — before the debtor can reorganize and potentially file again.

🔄 Converted Bankruptcy

A case may be converted from Chapter 13 to Chapter 7 (if the debtor cannot maintain plan payments) or from Chapter 7 to Chapter 13 (if the debtor wants to restructure rather than liquidate). Conversion extends the automatic stay and restarts certain deadlines. If a case converts from Chapter 13 to Chapter 7, your adversary proceeding deadline may reset — giving you a new opportunity to challenge dischargeability if you missed the original deadline. Monitor the case on PACER for any conversion orders.

⚠️ Serial Bankruptcy Filers

Some debtors abuse the bankruptcy system by filing repeatedly — using the automatic stay to halt collection temporarily, then letting the case get dismissed, then filing again. Congress addressed this problem through the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which limits the automatic stay for repeat filers.

📋 Reduced Stay Protections for Repeat Filers

Second filing within one year: If the debtor’s previous case was dismissed within the past year, the automatic stay in the new case lasts only 30 days unless the debtor files a motion and the court extends it. This means collection can resume after 30 days if the debtor does not act.
Third or subsequent filing within one year: If the debtor had two or more cases dismissed within the past year, no automatic stay goes into effect at all in the new filing. You can continue collecting without interruption unless the debtor obtains a court order imposing the stay.

If you suspect the debtor is a serial filer, search PACER for their bankruptcy history. Prior dismissed cases strengthen your position to argue that the current filing is in bad faith and request that the court dismiss the case or deny the stay.

📝 Reaffirmation Agreements and Settlements in Bankruptcy

In some situations, a debtor may agree to a reaffirmation agreement — a legally binding commitment to repay a specific debt despite the bankruptcy discharge. Reaffirmation agreements are most common for secured debts (car loans, for example, where the debtor wants to keep the vehicle), but they can sometimes be negotiated for judgment debts as well. If the debtor values their relationship with you, wants to maintain a business arrangement, or has personal reasons for honoring the debt, a reaffirmation agreement ensures the obligation survives the discharge.

Alternatively, the bankruptcy process itself creates settlement opportunities. Many debtors are more willing to negotiate during bankruptcy because they are confronting their financial situation comprehensively. A Chapter 13 plan that includes reasonable payment of your claim may actually be preferable to the uncertainty of post-bankruptcy collection. Communicate with the debtor’s attorney about payment terms that work for both sides.

📋 Common Scenarios

🕵️ Scenario 1: Fraud Judgment — Debtor Files Chapter 7

You won a $30,000 fraud judgment against someone who scammed you. They just filed Chapter 7 bankruptcy.

Solution: Fraud debts are non-dischargeable under § 523(a)(2). File your proof of claim immediately. Then file an adversary proceeding within 60 days of the 341 meeting asking the court to declare your debt non-dischargeable. Use the factual findings from your original fraud judgment to support your adversary complaint (collateral estoppel). After the bankruptcy concludes, your full judgment remains enforceable — and the debtor’s other debts will be gone, potentially making them easier to collect from.

💰 Scenario 2: Contract Debt — Debtor Files Chapter 7

You have a $15,000 judgment for breach of contract. The debtor just filed Chapter 7.

Solution: Ordinary contract debts are generally dischargeable in Chapter 7. File your proof of claim to receive whatever distribution the trustee makes to unsecured creditors. Unfortunately, in most Chapter 7 cases, unsecured creditors receive little or nothing. However, if the debtor hid assets in the bankruptcy petition, failed to list all property, or committed other bankruptcy fraud, you can object to discharge entirely — which would mean none of the debtor’s debts are eliminated.

🏠 Scenario 3: You Have a Judgment Lien — Debtor Files Chapter 13

You have a judgment lien on the debtor’s house. They just filed Chapter 13.

Solution: In Chapter 13, your secured claim (the judgment lien) will likely be treated through the repayment plan. If the debtor has equity above the homestead exemption and senior liens, your lien is preserved and you receive payment through the plan. Monitor the proposed plan to ensure your lien is properly accounted for. Object to the plan if it does not treat your secured claim fairly. Even if the lien is partially avoided due to exemptions, any surviving lien portion must be paid before the debtor can sell or refinance.

🚗 Scenario 4: DUI Injury Judgment

You hold a personal injury judgment against a drunk driver who injured you. They filed Chapter 7.

Solution: DUI injury debts are non-dischargeable under § 523(a)(9). Unlike fraud and willful injury claims, DUI non-dischargeability is automatic — you do not need to file an adversary proceeding (though filing one for extra certainty is advisable). File your proof of claim and wait for the bankruptcy to conclude. Your full judgment — plus accrued interest — remains enforceable after discharge.

❓ Frequently Asked Questions

🤔 Does the debtor’s bankruptcy automatically eliminate my judgment?

Not necessarily. Bankruptcy discharges most unsecured debts, but specific categories — fraud, willful injury, embezzlement, DUI injuries, domestic support, and others — are non-dischargeable and survive the bankruptcy. Additionally, if you have a judgment lien secured by property, the lien may survive even if the underlying debt is discharged (depending on the equity and exemption analysis). Always consult a bankruptcy attorney to determine whether your specific judgment is dischargeable.

🤔 What happens if I accidentally continue collection during the automatic stay?

Violating the automatic stay can result in sanctions including actual damages, punitive damages, and attorney fees. If you inadvertently continued collection (for example, a garnishment you were unable to stop in time), notify the bankruptcy court and the debtor’s attorney immediately, return any funds collected after the filing date, and document your good faith efforts to comply. Courts distinguish between inadvertent violations and willful violations — the consequences for willful violations are much more severe.

🤔 Can a debtor file bankruptcy just to avoid paying my judgment?

Debtors can file bankruptcy for any reason, including avoiding judgments. However, if the court determines the filing was made in bad faith (such as solely to delay a specific creditor with no genuine intent to reorganize), the case can be dismissed. Additionally, repeat bankruptcy filings within certain timeframes receive reduced protection from the automatic stay. And as discussed above, if your judgment is based on fraud or intentional wrongdoing, bankruptcy will not discharge it regardless of the debtor’s motivation for filing.

🤔 How do I find out what the debtor disclosed in their bankruptcy petition?

The debtor’s bankruptcy petition, schedules, and statement of financial affairs are all public records accessible through PACER. These documents list all of the debtor’s assets, income, debts, recent financial transactions, and property transfers. Reviewing these documents can reveal assets you did not know about, transfers that may be fraudulent conveyances, and discrepancies between what the debtor told you (or the state court) and what they disclosed to the bankruptcy court.

🤔 Should I hire a bankruptcy attorney?

For small judgments where the debt is clearly dischargeable (ordinary contract debt), filing a proof of claim yourself may be sufficient. However, if your judgment may be non-dischargeable and you need to file an adversary proceeding, hiring a bankruptcy attorney is strongly recommended. The adversary proceeding process has strict procedural rules and tight deadlines (the 60-day filing window), and the stakes — preserving a potentially large judgment — justify the legal expense.

🔍 Your Debtor Filed Bankruptcy — Now What?

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