Legal Question in Bankruptcy in Missouri

I have a judgement against my contractor who took money from me but never provided the service. The judgement was granted on Feb. 21, 2011. We did business with the contractor on April 14, 2010. Yesterday I received a form regarding a Chapter 13 Bankruptcy case with my contractor as the debtor. It states "A bankruptcy case concerning the debtor listed below was originally filed under Chapter 7 on March 5, 2010 and was converted to a case under Chapter 13 on Jan. 19, 2011." How likely is it that I will be able to recover the money owed and is my contractor protected from the debt she owes me if she was already in Chapter 7 when we did business?


Asked on 2/23/11, 12:00 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If she filed for chapter 7 protection before she contracted with you, then the debt to you may not be covered under her bankruptcy. Therefore, she may still owe the money to you. But, the conversion to chaapter 13, may have included an addendum that attemtped to add you as an unsecured creditor. You should pay attention to any Creditor's claims deadlines that occur. They may try to say your filing the law suit violated the automatic stay created when she originally filed for bankruptcy. You may have to seek relief from that stay. If you take the wrong act, or fail to act, you could lose your judgment and possibly owe money to the debtor. Therefore, you should probably hire counsel to advise you as to your specific case.

Good luck

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Answered on 2/23/11, 5:36 pm


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