Legal Question in Bankruptcy in Virginia

Secured Debt Collection in a Chapter 7 Filing

I work for a small, privately owned furniture company in the state of Virginia. As such, we do in house financing as well as out of house financing. All collections are done in house.

All in house financing is done through signed Security Agreements, with our company retaining a Security Interest in the merchandise until said agreement is paid in full.

I've been put in charge of cleaning up our delinquent accounts and over the course of this I've had to ensure that all bankruptcy cases have been properly filed and closed. Recently I came across a case where the debtor filed Chapter 7 bankruptcy in October of 2005 and closed in May of 2006, but according to the clerk of courts we were not included in this bankruptcy. I've been attempting to contact the debtors attorney in this matter, but his office has been flaky at best in returning my calls. Seeing as how we are a Secured Creditor with a Secured Interest in the property and we were not named in the Chapter 7 filing, would we be able to once again pursue this debtor through garnishment to collect the amount owed? The debt is still within the statute of limitations (I believe it to be 10 years in the state of Virginia), and we have a prior judgement on this debtor.

Any help in this matter would be greatly appreciated.

Thank you,

Josh

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