Legal Question in Bankruptcy in California

I won a small claims case against a neighbor and then I put a lien on her house. She filed bankruptcy (chapter 13) and her attorney filed a motion so that she would be exempt from the lein. I never received the actual motion in the mail and when we went to court to see the status of the case her attorney asked for a continuence and I never got a chance to address the court to tell them I never receive the motion but I received the notice that states I did not respond to the motion in time therefore it might be granted by the court. I have since checked the status on line through PACER and it states that the court approved her reorganization on the 1st of October. Is it to late for me to file a motion to stop the bk and show that she lied in bk court and small claims court (I have proof) about her current income. If it is too late to file a motion to stop her bk, what happens to my small claims judgement against her?


Asked on 10/19/09, 2:17 am

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

It is never too late to advise the bankruptcy trustee of fraud perpetrated by the debtor.

Right now, your judgment becomes an unsecured debt, and will be scheduled for repayment, if any, along with her credit cards. Of course, if you can show she has substantially more income, the trustee might require her to amend her Chapter 13 plan.

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Answered on 10/19/09, 5:04 pm


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