Legal Question in Credit and Debt Law in California
this guy owns me $100,000 since 2007, I have receipts and papers sign from him saying that he will pay me double amount, now he failed bankrupt ,can I still get my money back?
1 Answer from Attorneys
To the extent that you want to be paid through the bankruptcy process, you will need to file a proof of claim within the time allowed by law. If you don't file a claim there is money paid by the trustee, you won't get any unless you file a timely.
In most cases, the debt will be discharged unless you file a lawsuit in bankruptcy court called an adversary proceeding. You would to prove fraud or some other legal reason why the debt should be carved out from the discharge. There is a very short time deadline to file this type f claim, so you should see any attorney right away to protect your rights.