Legal Question in Bankruptcy in New York

Discharged or not?

I have a small claims judgment against an individual that I won in April 1998. He tells me he has a chapter 7 bankrutpcy which removed all his debts. I found out his bankruptcy was granted February 1997, and did not name me in the schedule of creditors or anywhere else. He claims that the bankruptcy discharged the debt because my judgment was for bad workmanship which he did about the time he filed bankruptcy. But I didn't sue him until 1998. Can I still enforce this judgment?


Asked on 10/25/02, 12:14 pm

2 Answers from Attorneys
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Discharged or not?

If you are not named in the bankruptcy petition as a creditor or judgement lien holder then the bankruptcy does not affect you and you may collect on the debt. However, you should be aware that the individual may file an amended schedule of creditors and add you. If he does that and you are unsecured - you cannot collect. So if I were you I would act quickly. Call my office at 718-935-9079 if you need help.

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Answered on 10/25/02, 1:50 pm
Lance Spodek Lance Roger Spodek, P.C.

Re: Discharged or not?

If the "bad" workmanship was done before he filed bankruptcy your debt may be cancelled even though not listed. However if he intentionally omitted your debt then you may have recourse. You need to have the Bankruptcy Court address this issue before you proceed as you do not want to violate the Discharge Injunction. You have a lot of legal work ahead of you and it is technical. Good luck.

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Answered on 10/25/02, 4:38 pm


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