Legal Question in Bankruptcy in California

Hello I'm Vickie From Los Angeles California I Have a question. Here it is I Sued a private own car dealer for 5,000 Air bag fraud. I won the case the judgment of 5,000 dollar. Now they want to file Bankruptcy there attorney is saying they can only settle for 2,000 I don't wont to settle for that I'm willing to settle for 3,500. Since this case is fraud. And if they file for Bankruptcy are they still obligated to pay me. How does that work.


Asked on 10/10/09, 6:10 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you don't settle and they do file BK (often people threaten but don't file under similar circumstances), then you'd have to file an adversary action. In it, you will allege that the debt should not be dischargeable because it's already been decided that there's been a fraud. It'll take more time and some legal expertise (read that: more expenses).

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Answered on 10/10/09, 11:03 pm


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