Legal Question in Credit and Debt Law in North Carolina

bankruptcy and collecting a judgment

I am sueing the former owners of my home for non-disclosure issues (home is in California). Mediation did not go well and lawsuit is filed for trial in California. Mediator thinks I have a solid case. The former owners have offered 15k to settle, and my damages exceed 100k. I will be able to seek punative damages for fraud. The former owners have two parcels of land in North Carolina, where they fled after selling me the home in California. One parcel is their residence, where they had a home built. The other parcel has an unkonwn structure on it. The assessed value of both parcels is about 400k. The defendants are claiming they are broke, and that I can't touch their properties. They have said they will file for bankruptcy if I win a judgment. Will they be able to hide their assets in banruptcy as they claim? How can I keep them from doing so? Can they put the properties in their children's names to hide from me?

Thanks much.


Asked on 2/04/08, 3:14 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: bankruptcy and collecting a judgment

If you haven't already, you might amend your civil complaint to include a cause of action for fraud. Fraud is not dischargeable in bankruptcy.

If the former owners file for bankruptcy, you would have to obtain an attorney in their state to challenge and avoid any transfer of property to their kids or anyone else.

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Answered on 2/05/08, 1:46 am


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