Legal Question in Bankruptcy in Illinois
I was awarded an ex-parte judgment in June 2008 for a tenants non-payment of rent. The ex-tenant has not paid the judgment. I am not aware of any properties owned by the defendant to which a lien may be attached. The defendant is filing a Chapter 13 Plan of Bankruptcy and the last date to which I may file a Proof of Claim is April 2010. Could I still file a memorandum of judgment with the county recorder of deeds to effectuate a lien? Is it necessary to use this recorded judgment in filing the Proof of Claim for any chances of payment of the judgment?
2 Answers from Attorneys
You would first have to file a motion in bankruptcy court asking to modify the Automatic Stay.
Or you could file the proof of claim and be paid as an unsecured creditor through the bankruptcy. You will only get the percentage of the money that is called for in the plan, but something is better than nothing.
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