Legal Question in Bankruptcy in California

In 2007 a debtor filed chapter 7 bankruptcy in California. I obtained judgment against debtor after trial in adversary proceeding. Debtor was denied discharge.

In 2010 the same debtor filed chapter 7 bankruptcy again. What action do I need to take to protect my judgment obtained in 2007 against debtor.


Asked on 9/08/10, 7:35 pm

2 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You may have to file a new adversarial proceeding, then move for summary adjudication based upon the prior judgment. Alternatively, you may not need to as the prior judgment should have a "res judicata" effect, meaning that it is binding in this new bankruptcy. Unfortunately, I think you need to review this with a bankruptcy attorney because without actually reviewing the judgment from the prior adversarial proceeding, it is not possible to opine that it is res judicata in the new case.

This is a fairly uncommon matter, and so without performing a bit of research, for which I or any other bankruptcy attorney would need to be retained, it is not really possible to say with certainty what the best course of action is.

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Answered on 9/14/10, 11:12 am


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