Legal Question in Civil Litigation in California

summary judgement-need help collecting aprox. $175,000 from a corp. that took ou

As above-let's talk


Asked on 9/16/99, 3:29 am

5 Answers from Attorneys

Steven Weinberger Law Offices of Steven E. Weinberger

Re: summary judgement-need help collecting aprox. $175,000 from a corp. that too

I would be happy to speak to you about this. I am curious, however, as to the which Chapter bankruptcy was filed, were you listed as a creditor of the corporation, was your total $175k dept included in the bankruptcy, when was it filed, how do you propose getting around the bk (was there fraud, punitive damage award, concealment or some other exception to discharge of the debt), etc.

So lets talk. Steve

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Answered on 9/16/99, 6:59 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: summary judgement-need help collecting aprox. $175,000 from a corp. that too

Mr. Weinberger has asked most of the key questions, but I would also want to know if the bankruptcy case is still ongoing or if the debtor has received a discharge (or if the case has been dismissed, etc.). Were you given notice of the proceedings? Were you advised about a chance to file a proof of claim? If so, has the deadline passed? Did you present your claim? When are the deadlines for filing adversary actions or presenting proofs of claim?

The majority of judgments are dischargeable in bankruptcy. As Mr. Weinberger has said, the Chapter under which your defendant filed will matter -- are they restructuring or liquidating?

You haven't provided any details other than the amount of the judgment, so all I can do is ask you more questions.

Please feel free to call me if you want to discuss this further.

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Answered on 9/16/99, 7:21 pm
Joshua Genser Joshua G. Genser, Attorney at Law

Re: summary judgement-need help collecting aprox. $175,000 from a corp. that too

If you're in Northern California, you could call me, and I'll ask those same questions.

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Answered on 9/16/99, 11:37 pm
Benjamin Pavone Benjamin Pavone, Esq.

Re: summary judgement-need help collecting aprox. $175,000 from a corp. that too

If you are south of Camp Pendleton, then I might be able to help you.

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Answered on 9/17/99, 1:17 am
John Hayes The John Hayes Law Offices

Re: summary judgement-need help collecting aprox. $175,000 from a corp. that too

Unless your original complaint contained a cause of action for fraud the judgment is dischargable. You may request a copy of the company's assets to see if there are any to collect on. If you are still in need of an attorney please feel free to contact my office at 888-563-8529. The call and the consultation is free. I look forward to speaking with you.

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Answered on 9/21/99, 7:58 pm


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