Are Financial Judgments from Arbitration Discharged in Bankruptcy?

For the purposes of bankruptcy, judgments obtained through arbitration are treated the same as judgments obtained through the more traditional court process.

Judgments obtained either through an arbitration or a court proceeding prior to the filing of a bankruptcy petition are usually discharged and the debtor will have no obligation to pay the judgment.

However, some judgments, whether obtained through a court or arbitration process are not discharged through the bankruptcy case:

· Judgments for debts or obligations incurred by fraud, including embezzlement or theft;

· Judgments arising from injuries based on willful and malicious conduct of the debtor;

· Judgments for spousal or child support obligations;

· Judgments resulting from injury or death caused by the debtor while operating a motor vehicle while intoxicated;

· Criminal fines and restitution as well as penalties owed to governmental entities.

The above listing is not a complete listing of non-dischargeable debts, merely those most commonly arising from a court or arbitration proceeding.

For details on self-help pro se bankruptcy, see Standard Legal’s Bankruptcy legal forms software page.