Section 5.20 Collection of Judgments

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

2. (§5.20) Collection of Judgments

Although 11 U.S.C. § 362(a)(2) specifically provides that the enforcement of a judgment obtained before the commencement of the bankruptcy case is stayed, efforts to collect the judgment could also violate § 362(a)(3), (4), (5), and (6). Execution against the debtor’s prepetition property is stayed, as are efforts to collect from the debtor personally. H.R. Rep. No. 95-595, at 341 (1977).

The prepetition seizure of the debtor’s property in accordance with a judgment is...