Legal Question in Bankruptcy in California

Did you file a timely claim in the bankruptcy case? That's all you can do unless the bankruptcy case is dismissed. You should have been listed on his bankruptcy and you should have received papers from the bankruptcy court. If not, maybe he didn't really file. Depending on the type of debt and the type of bankruptcy you may have rights, but more often than not you're out of luck. Don't do anything to collect the debt, don't even call him, or you'll be in violation of bankruptcy law.

Sometimes, when a person files his or her own bankruptcy, the case gets dismissed. If the bankruptcy is dismissed -- rather than discharged -- by the next court date, you can proceed. Otherwise, as Mr. Stone suggests, you might be out of luck on the debt, unless it originated from an intentional injury to you or fraud, in which case you have to file a claim in bankruptcy court. If you want me to check on the person's bankruptcy for you, please e-mail me privately his/her name and location.