Legal Question in Credit and Debt Law in Illinois
I want to file a small claim against someone who says they have filed bankruptcy ant hope of getting anything???
2 Answers from Attorneys
In bankruptcy a person's debts are discharged unless the debts do not qualify. So if
the person included the debt owed to you, it may have been or will be discharged.
Once the bankruptcy is filed, the creditor can take no action until the court allows
any claim to be made. As a creditor, you should have been notified of the filing and
of a meeting of creditors. You could check to see if the debt with you was included.
If you file anything after you have been advised of the bankruptcy, you are violating a permanent injunction. You could be held in contempt of the bankruptcy court's order and ordered to pay your former debtor's legal fees. Be VERY careful. And the debt does not have to be included.