Legal Question in Bankruptcy in Massachusetts
I won a judgment at a trial 6 months after the defendant's chapt 13 plan was in place. He is trying to avoid paying me. Can he?
Asked on 3/29/10, 8:48 am
2 Answers from Attorneys
David Baker
Law Office of David Baker
The answer is not straightforward, alas. There is case law saying you can sue a chapter 13 debtor for a post-petition debt, but you can't collect it without going through the bankruptcy court. You should consult a bankruptcy lawyer for assistance with your particular situation.
Answered on 4/03/10, 10:34 am
Steven Striffler
Steven R. Striffler Attorney At Law
It depends on several factors including, but not limited to, whether the judgment is on pre or post-petition debt and what was the underlying claim. I suggest you contact a bankruptcy attorney.
Answered on 4/04/10, 5:36 pm
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