Legal Question in Bankruptcy in California

can i file a small claim for $3000.00 stolen from me by someone that has filed a bankruptcy because i read that if its a fraud claim because he stole the money from me i can file not sure though please help


Asked on 3/12/11, 2:47 pm

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

You cannot file any civil case against that person. You had a limited amount of time to file what is called an adversary proceeding with the bankruptcy court to have the court determine that the debt to you was not dischargeable because of fraud or other ground that would make the debt non-dischargeable. If that person already obtained a discharge then you can no longer do anything to collect that debt. You would be in violation of the permanent discharge injunction and if you try to collect in any way and you could be sanctioned by the bankruptcy court which means you would have to pay an amount to that person as a penalty for contempt of court plus attorneys' fees and costs. It that person has not yet obtained a discharge then you could still have time to sue the person in bankruptcy court by filing an adversary proceeding which is a lawsuit in the bankruptcy court. You must have received a notice when that person filed the bankruptcy case giving you a warning about filing a complaint to determine the debt non-dischargeable and on the notice it stated the date by which you had to file the complaint with the bankruptcy court for a determination that the debt was not dischargeable. If the person "stole" the money which is a crime then you need to go to the police and if the person is charged with a crime and convicted then the criminal court can require that person to pay restitution to you as a condition of probation (not sending the person to jail). Good luck....

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Answered on 3/12/11, 3:38 pm


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