Legal Question in Bankruptcy in Maryland
Creditor rights
I have a judgment against the debtor in small claims court. To avoid payment the debtor is considering filing for bankruptcy. Does automatic stay begin with the filing or actual court decision? Will I ever be able to collect the judgement or once the bankruptcy is filed, all my right to collect judgement are gone? If not, when can I renew my collection efforts?
2 Answers from Attorneys
Re: Creditor rights
The automatic stay commences upon filing the bankruptcy
case. You need to file a proof of claim against this filing.
Unless you otherwise collect before the filing, the stay will preclude
you from effecting your judgment. And, without a proof of claim (and
assets in the estate to settle it), the judgment may be discharged through
the bankruptcy. There are exceptions.
An attorney may be helpful.
Re: Creditor rights
The automatic stay commences upon filing a voluntary bankruptcy petition. Unless the bankruptcy case is dismissed (for misconduct, abuse, or ineligibility, or for failure to confirm or complete a plan if a Chap. 11 or 13), or unless an order denying a discharge is entered (for misconduct) or your claim is nondischargeable (either if you prove in bankruptcy court that the claim arose out of fraud, defalcation in a fiduciary capacity, theft, or willful and malicious injury) you will not be able to collect outside of bankuptcy. You may be able to file a proof of claim if there are assets in the bankruptcy estate or if the case is under chap. 11 or 13.
Related Questions & Answers
-
Soon to be ex husband filing bankruptcy My soon to be ex husband is filing... Asked 2/25/02, 5:33 am in United States Maryland Bankruptcy Law
-
Bankruptcy Can a guaranteed student loan incurred in 1989 be included in a... Asked 2/20/02, 9:07 pm in United States Maryland Bankruptcy Law
-
Removing bankruptcy from your credit How long does Chapter 7 banruptcy typically... Asked 2/09/02, 11:12 am in United States Maryland Bankruptcy Law
-
Codebtor A friend of mine owned a small business and got involved in a Civil suit.... Asked 2/05/02, 12:15 pm in United States Maryland Bankruptcy Law