Legal Question in Bankruptcy in Georgia
bankruptcy
I won small claims court case against my former attorney in Jan.
In March he filed personal bankruptcy. Will his personal bankruptcy keep me from getting my money?
2 Answers from Attorneys
Re: bankruptcy
Maybe. Maybe not. It is necessary that you hire counsel to review the judgment (and the bankruptcy filing). In most cases, you are barred (under penalty of contempt) from doing certain things. This is no longer a do-it-yourself project. You need an in person consult with a lawyer.
Re: bankruptcy
If your judgment is against the lawyer personally and he filed personally, then the automatic stay prohibits you from taking any further action. It could be a different story if your judgment is against a law corporation.
As a judgment creditor, you have more rights than an unsecured creditor, but you need to be very careful about properly asserting those rights in bankruptcy court.
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