Legal Question in Credit and Debt Law in New York
"Debt Collection"
Can I collect money owed for damaging a car if the debtor files title 11, section 727 bankruptcy in New York? I have a court order showing the debtor obligation to pay.
1 Answer from Attorneys
Re:
Several questions there.
1. Generally, Chapter 7 discharges almost all debts, including car damages.
2. If you had gotten a judgment, and if the judgment was filed as a lien against the debtor's house, or an execution issued against his personal property, it might NOT be discharged in bankruptcy, since it would now be "secured."
3. If the car damages was intentional or wilful (as opposed to mere negligence) it might not be discharged in bankruptcy.
4. If the debtor fails to list you as a creditor, and fails to give you any formal legal notice of the bankruptcy, your debt might not be discharged.
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