Can Bankruptcy Get Rid of a Judgment Against You?

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If you’ve been sued over credit card debt or another financial obligation, you may already have a court judgment against you. The big question many people ask is: “If I file for bankruptcy, will that judgment go away?”

The answer is: sometimes yes, sometimes no—and it depends on the type of debt and what led to the judgment.

This guide will explain when a judgment can be erased in bankruptcy, when it can’t, and what you can do about it.

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First, What Is a Judgment?

A judgment is a legal ruling that says you owe someone money. It usually comes after a lawsuit, like one filed by a credit card company or debt collector. Once a judgment is entered, the creditor may try to collect by garnishing your wages or putting a lien on your property.

Can Bankruptcy Get Rid of a Judgment?

In many cases, yes—bankruptcy can eliminate (or “discharge”) a judgment. But not always.

Federal bankruptcy law has a list of debts that are not dischargeable, meaning bankruptcy won’t make them go away. These are usually debts tied to fraud, intentional wrongdoing, or certain legal duties.

Are Credit Card Judgments Dischargeable in Bankruptcy?

Yes, most credit card judgments are dischargeable. If you were sued for unpaid credit card debt, filing for bankruptcy—especially Chapter 7 or Chapter 13—can eliminate both the debt and the judgment, as long as the credit card company doesn’t challenge it.

However, there are exceptions. If the credit card company or collector proves that:

You got the credit by lying on the application (like inflating income), or
You made large purchases or cash advances knowing you couldn’t pay them back,

they could claim you committed fraud, which may make the debt nondischargeable.

Still, these challenges are rare—and creditors have to go to extra effort to prove it in bankruptcy court.

What Types of Judgments Are Not Wiped Out in Bankruptcy?

Here are the major types of debts that usually survive bankruptcy, meaning that you still owe them despite filing Bankruptcy.

Judgments for Fraud

If the debt was based on lying, cheating, or scamming (such as using someone else’s identity or writing bad checks on purpose), the court may rule it can’t be discharged.

Intentional Harm

If you were sued for deliberately hurting someone or damaging their property (not just by accident), bankruptcy may not erase that debt.

Fiduciary Misconduct

If you acted in a legal role like a trustee or guardian and misused someone else’s money, the court might not let that debt go.

Certain Government Fines or Restitution

Court fines, criminal restitution, and some penalties often can’t be discharged.

Debts Related to Divorce or Child Support

Support payments and property division in divorce judgments are generally not dischargeable.

What If You Already Have a Judgment?

Even if a judgment has been entered, you can still discharge it in bankruptcy—as long as the debt itself qualifies for discharge.

But here’s a key point: if the judgment has resulted in a lien on your property (like your house), filing bankruptcy can remove the debt but may not remove the lien unless you take an extra legal step. This is called lien avoidance, and your bankruptcy lawyer can help with it.

What If the Creditor Says the Debt Can’t Be Discharged?

If a creditor claims your debt shouldn’t be discharged—like in a case of fraud—they must file a special lawsuit inside the bankruptcy called an adversary proceeding. The court will then decide whether the debt should stay or go.

Bottom Line: Most Judgments from Regular Debt Are Wipeable

Most credit card judgments can be wiped out in bankruptcy.
You can still file for bankruptcy after a judgment has been entered—but earlier is often better.
Some debts—like fraud or criminal fines—can survive bankruptcy, but those are exceptions.
Don’t assume you’re stuck with a judgment forever. Bankruptcy can often help.
If you’re unsure whether your judgment qualifies for discharge, talk to a bankruptcy attorney.
You may also be able to protect your property, even if there’s already a lien.

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.