Legal Question in Civil Litigation in Nevada

Collecting the Judgment

1. Plaintiff received Civil Jdgmt of fraud for amount & punitive damages. Defendant filed bankruptcy but did not list this judgmnt. Does the bk wipe out Plaintiff's judgment?

2. When a Motion is filed, the opposing party has 10 days to respond. If opposing party does not respond, do they still have the right to debate the issue before the Judge at the hearing date?

Thank you for your time! This is a great service!


Asked on 6/27/99, 6:02 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Collecting the Judgment

Your question says it concerns both California and Nevada law, but the answer to Part 2 may be different in these two states. In California, a litigant who files no opposition is generally not permitted to argue, but some judges are lenient on this point, especially as to pro per litigants.

As to Part I, the bankruptcy court cannot wipe out a claim that the bankrupt does not list. If the bankrupt lists a claim but fails to notify the claimant of the bankruptcy petition, then the court may be misled into discharging the debt; such a discharge can be addressed once the creditor learns of it.

Punitive damages are generally not dischargeable in bankruptcy, although you will have to do some work to preserve your claim properly. If you do nothing, the court may discharge the claim anyway and you will be out of luck for failing to preserve your rights.

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Answered on 7/11/99, 5:31 pm
Robert E. Drescher Law Offices of Robert E. Drescher

Re: Collecting the Judgment

Has Bk been discharged?? If it has and you were not listed as a creditor then most likely your judgement is still valid.

You will need to see the entire BK file (it is a public record. You can obtain copies from the BK Court). If, in fact, your name is not among the list of creidtor, then your judgement most likely is enforceable at 100% of the value of the judgement.

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Answered on 7/08/99, 2:28 pm


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