Legal Question in Bankruptcy in Michigan

Does Bankruptcy nullify current hearing date?

I currently have a hearing date scheduled for judgment debtor exam for a builder that didn't pay me. I just recently received a notice of Chapter 7 Bankruptcy for the builder and his wife as individuals. Since the judgment is against the building company incorporated I am not 100% certain that my hearing has been or will be canceled or superseded by this new development. I am fairly certain that he is a ''paper'' builder, without any significant assets like machinery or vehicles. Is there any point in attending the Bankruptcy hearing or is my judgment against his building company going to be wiped out completely? If , by some stroke of luck, there are some assets to dissolve, is there any way of knowing the priority of my judgment ?


Asked on 11/23/08, 9:29 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Does Bankruptcy nullify current hearing date?

The bankruptcy stays the hearing you have scheduled. However, if fraud is involved, attending the First Meeting of Creditors COULD be useful, depending on the circumstances. If there are assets in the bankruptcy, and you have a judgment lien properly filed, then you could at least make a claim as a secured creditor. I'd recommend consulting with a bankruptcy attorney knowledgeable with creditor end work so that you can make sure you do this properly. If it turns out fraud is involved, you'll want a knowledgeable attorney to file the appropriate motions, etc for you.

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Answered on 11/23/08, 2:37 pm


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