Legal Question in Civil Litigation in California
i am currently in small claimes sueing my old landlord for a lockout and removeal of prorerty without court order also renting property not up to healh and safty code! during the removeal my stuff was taken stuff that cant be replaced i am sueing for the max 7500!my case had started 08-12 and now since my informeing the judge of his bankrupcy and him not reporting the rental income was brougt up she emedently put case over for the deffendant to bring proof of his bankruptcy to 08 16 what will happen to my case if fraud on his part is proven will i get ressalution
2 Answers from Attorneys
If the landlord is in fact in bankruptcy, you are pretty much out of luck. If there was actual fraud, there is a proceedure in bankruptcy to have a debt determined to be non-dischargeable so you an collect it in spite of the bankruptcy, but there is no way to do that without an attorney.
Mr. McCormick is a little confused over the mechanics of bankrupcty. If the defendant is in bankruptcy, and you have a case against the defendant, you would have to lift the stay and get a judgment first. At this time, you do not have a formal claim. If he has indeed filed bankruptcy, I suggest speaking to an attorney who is familiar with bankruptcy claims and stays.
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