Legal Question in Bankruptcy in California
I have a question.� A person owes me $ for professional services.� He filed for bankruptcy, and failed to list me as his creditor, so my name does not appear in the list of creditors in his case.� After his bankruptcy petition is granted, and his debts are discharged, will I be able to sue him in state court to collect $ owed to me?� As I understand, only the listed debts are discharged, and the omitted creditors� claims are not discharged.� Am I correct?
Asked on 4/11/12, 9:45 pm
1 Answer from Attorneys
Charles Andersen
Charles Andersen, Atty
San Diego Bankruptcy Attorney Yes, if you were never listed as a creditor you can sue after the discharge. However, experience demonstrates that as soon as you do that he will probably hire a new attorney to re-open his case and add you as a creditor.
Answered on 4/11/12, 10:37 pm
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