Legal Question in Bankruptcy in Wisconsin
Bankruptcy law in Wisconsin
I am in the process of sewing someone in small claims court (Wisconsin) for about $3000 for damages she did to my car. If she were to file for bankruptcy, would that limit my chances of collecting damages from her even though I'm not considered to be a "creditor"?
2 Answers from Attorneys
Re: Bankruptcy law in Wisconsin
If she owes money to you, you are her creditor. Her bankruptcy filing bars you from proceeding with your lawsuit or from taking other steps to collect.
If there is insurance, you can move in the bankruptcy court for relief from the automatic stay to allow your claim to be liquidated and to collect it up to the amount of the insurance. Otherwise, you are out of luck unless she has assets being administered in the bankruptcy.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
Re: Bankruptcy law in Wisconsin
Unfortunately, you would be a creditor and the
debt would be discharged by the bankruptcy, unless
the driver was drunk or did the damage intentionally.
Jay K. Nixon
Harvey,Nixon & Fisher
P.O.B. 1555, 333 Main St
Related Questions & Answers
-
Ex Husband Bankruptcy on My Credit Report I divorced in 1992. The decree included a... Asked 12/29/97, 10:07 pm in United States Wisconsin Bankruptcy Law
-
Which Bankruptcy? What is the difference of chapter13 and chapter11 bankruptcy. If I... Asked 10/25/97, 11:45 pm in United States Wisconsin Bankruptcy Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
