Legal Question in Bankruptcy in California

judgement bankruptcy

i am owed a judgemnt by a person whom i won against in court !

he declared bankruptcy - but i was never notified where i can respond to my claim in court! it has now been dischrged recently - i have been chasing him for 2 years!

is all lost or do i have recourse


Asked on 10/03/08, 8:54 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: judgement bankruptcy

It is dependent on the basis for the judgment. The bankruptcy laws exclude from discharge based upon fraud or intentional harm to another entity (person or company). If your judgment arose purely from money you loaned to the other person, you likely will not be able to collect, and any attempt to do so would violate the discharge. On the other hand, if you have a reasonable basis to bring an adversary action for fraud or intentional harm, you can move to reopen the bankruptcy to litigate your claim -- but you should do so as soon as possible.

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Answered on 10/03/08, 10:12 am


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