Legal Question in Bankruptcy in Tennessee

Sueing and Bankruptcy

I signed a contract with Mr. Doe to concrete my driveway in Sept.2005. He did a very poor job and now I am going to have to have it redone (drainage problems). I took him to small claims court to recover the monies I had paid him. He told the judge he did do an unacceptable job but ''he was in Ch. 13 bankruptcy''. He filed in June 2004. The judge has continue the case indefinetely. Is Mr. Doe protected just because he has filed bankruptcy? Is there paperwork I can file in bankruptcy court? Do I need legal representation?


Asked on 8/24/06, 8:09 am

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Sueing and Bankruptcy

Unfortunately, Yes, he is protected. FeDERAL LAW (BANKRUPTCY) ALWAYS TRUMPS state law (small claims, collections) so he is protected. You could file a proof of claim in the bankruptcy court but depending upon how his bankruptcy is set up, you may not get anything. Proof of claim forms are online at the TN bankruptcy sites. Bankruptcy law is extremely complex and tricky so I do urge you to get a lawyer; but just know your chances of getting anything are small.

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Answered on 8/24/06, 1:52 pm


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