Legal Question in Bankruptcy in California

Re: Recourse against bankruptsy filing

I'm not sure what the terms of your contract are, but if you have proof that he obtained your money by intentionally misrepresenting information to you, then you may be able to object to the discharge of the debt he owes you in his bankruptcy case.

Re: Recourse against bankruptsy filing

There are narrow time limits for filing an adversary proceeding in bankruptcy. Take a look at the notice and the last date listed for objection to discharge. See an attorney immediately if you believe that he misrepresented the facts when he took the money from you.

Re: Recourse against bankruptsy filing

If you can prove that he intentionally defrauded you, then your recourse is to file what is known as an adversary action in the Bankruptcy. Essentially, this is a new lawsuit against the debtor, and you are going to argue that the debt that he seeks to discharge is actually nondischargeable because of his fraud.

These are complicated types of cases, and they are subject to some very technical procedural rules and timeframes. If you do nothing, and your debtor obtains a discharge, you are likely forever barred from collecting the money.

You should seek out an attorney immediately. We are debt collection litigators with experience in this type of area of law; if you would like to consult, please feel free to call or email.

Good luck.

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