Legal Question in Civil Rights Law in California
hi
what happens if I'm in law suite with someone, he has houses paid off and he fill bankrupet so he want pay my money?
2 Answers from Attorneys
I assume you're the plaintiff in the lawsuit. Depending on the nature of your claim, dischargeability of your debt would be a question mark, because I don't have enough information. Debts incurred through fraud or intentional injury to another person or entity, or court-ordered child support obligations, for example, may not be dischargeable, but it takes follow-up on your part with the bankruptcy court. Ordinary loans usually are dischargeable.
Bankruptcy filing stops your lawsuit. You now will have to file a Petition for Relief From Stay, or a Claim, or an Objection, in the BK court, if you have grounds for it. Consult and hire local counsel familiar with such BK filings.