Legal Question in Bankruptcy in California

1. Yes.

2. Yes.

3. No.

4. Yes. Do not ever again do anything to attempt to collect directly from Tenant.

5. Highly doubtful.

The debt is dischargeable and the judgment is voidable by virtue of the debtor's bankruptcy.

2 almost-new cars is not a factor that per se establishes nondischargeability, and as a debtor's attorney, I aggressively defend adversarial actions against my clients.

Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s not legal advice to be relied upon; it creates no attorney-client relationship; rather it is personal opinion w/general info on CA law; it�s drafted prior to posting of other answers & doesn�t reflect upon the latter. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.

In fact, the two new cars probably are leased or they're worth much less than what's owed. Yes, you may pursue the guarantor in small claims court once the BK discharge is granted. In the BK, you might allege that, when he signed the lease, the tenant defrauded you because he never intended to pay. But, you knew he was a credit risk because you required a cosignor. Thus, it would be very difficult to prove fraud. Please let me know if you'd like further assistance.