Legal Question in Civil Litigation in New York
I have a person who owes me a considerable amount of money. I discovered he filed bankruptcy 5 years ago. I am not a creditor in that action. Can I file a judgment, or sue him for the new debt?
1 Answer from Attorneys
Your inquiry depends on the nature of the loan/debt; the period of time it was to be repaid; what consideration was given for it; what you received; and whether or not you were placed on notice regarding the pendency of the bankrupcy case and listed as an unsecured creditor. First, proceed to Federal Bankrupcy Court and find out who was placed on notice. If you were not notified or llisted, you may have a chance on recovery depending on the statute of limitations and other factors. For instance, are you throwing good money after bad? Does the debtor have any assets or income you can legally attach, etc.,
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