Legal Question in Civil Litigation in Illinois
collect on judgment from small claims court if defendant is in bankruptcy?
A patient of a dental office owes money from 6/6/2006. The office is looking into taking them to small claims court. Public records show that patient has filed for chapter 13 bankruptcy on 6/15/2006 but dentist is not listed as creditor. Can a judgment from small claims court be collected while defendant is in bankruptcy?
1 Answer from Attorneys
Re: collect on judgment from small claims court if defendant is in bankruptcy?
The judgement cannot be collected under that circumstance, but the dental office should file as a creditor in the bankruptcy case, on the chance that there may be some distribution through the bankruptcy court. There is some chance of collection as the dental bills were not listed, but as soon as the suit is filed you can bet the bankruptcy will be set up as a defense and get in the way of successful suit.
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