Legal Question in Bankruptcy in California
I want to sue a contractor in small claims court for a terrible remodel job on my kitchen and new floors, but I just learned that he has file for (chapter 7) personal bankruptcy. I would like to know how this will affect my case against him in small claims court.
2 Answers from Attorneys
If the bankruptcy runs its normal course, his debt to you will be wiped out. You should file a Notice of Stay with the small claims court. You can find the form on the Judicial Council website.
If you can allege fraud or some other allegation that excepts the debt from discharge, you may be able to collect your claim against the contractor even after his bankruptcy. To do so, you will need to timely file an objection to discharge in bankruptcy court.
Amir Aalam
Bankruptcy Attorney
www.sandiego-bankruptcylaw.com
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