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
5 Answers from Attorneys
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
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.
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.
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.
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.