Legal Question in Bankruptcy in California

I received a $25,000 judgment in San Jose CA.Superior Court against a contractor. Before paying me he filed Ch.13, which was converted to Ch.7. I represented myself in pro Per for a few years until I had to quit due to illness and surgery. The other creditor has continued in Fed. Court. It seems the debtor will be dismissed due to FRAUD. Is there anyway I can collect my judgment in State court when he is kicked out of BK court due to fraud? He also commited fraud and intent to due harm against me although my State court attorney labeled it as Breach of Contract. Can I amend anything and collect my judgment or was all the previous 5 years of court and attorney payment for nothing?

Thank you,


Asked on 5/15/10, 1:56 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the BK is dismissed without a discharge, you will be good to go. Otherwise you'll need to file an adversary complaint to have the debt ruled nondischargeable due to fraud. The fact that your former attorney didn't call it fraud might hurt such a claim. Also you have a limited time after the BK filing to file a claim and an adversary proceeding.

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Answered on 5/20/10, 2:02 pm


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