Legal Question in Bankruptcy in California

i am a creditor in a bankruptcy case and i was wondering what i can do to collect my debt.

i have a small claims judgement against a someone and they have now filed for BK. i have been sent papers to file for a proof of claim form and i was wondering what that would do for me. can i still recover my judgement? can i still have my judgement excluded from the BK?

the Bk is a chapter 13 and it states that it will pay 0% of the non priority claims. but it looks like my debt is in the class 1 allowed unsecured claims entitled to priority under 11 u.s.c. 507

can i still recover my debt... any and all help will be appreciated


Asked on 11/06/09, 7:04 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Generally, unsecured nonpriority debts are treated the same. Unless you were a government agency entitled to taxes or a former spouse entitled to child support, your debt probably would be classified in the last group.

You could object to the plan if you're aware of income or assets that the debtor hadn't stated on the petition. If the debt had been incurred by fraud or intentional harm to you, you could file a motion for relief from stay and/or determination of dischargeability of your debt. Otherwise, you would make a claim and, if any assets show up, you could get some recovery. Also, the bankruptcy might just not fly, in which case you would again be able to pursue your judgment in civil court.

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Answered on 11/11/09, 7:36 pm


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