Legal Question in Bankruptcy in Minnesota
Valid Judgment?
We have a judgment against a contractor in MN in district court. Judgment dated, filed, and docketed the same day.
Unknown to us (and I am sure the judge) the contractor filed for bankruptcy one (1) day before the date above.
Is our judgment valid? We do not need it to collect from contractor, but to apply to State Recovery Fund.
Thank you.
1 Answer from Attorneys
Re: Valid Judgment?
The bankruptcy means that you are under a court order to make no effort to try and collect that judgment from the debtor. As far as I know, however, you are free to pursue other remedies such as insurance claims or the recovery fund, since those have nothing directly to do with the debtor.
I would suggest that you disclose to the recovery fund people that the bankruptcy has been filed.
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