QUESTION

Bankruptcy complete 6 mos ago. I took someone to court after my bankruptcy, I didnt know i would have to go to sm claims court. , or win a judgement

Asked on Sep 29th, 2011 on Bankruptcy - Missouri
More details to this question:
I had no idea until after my bankruptcy that I would sue . I won judgement of 2100 can I keep it or will they come after the judgement
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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To summarize your facts as I understand them: 1. You filed a bankruptcy case under some chapter (not disclosed) 2. You received a discharge of your debts 3.  On the date your bankruptcy case was filed you may or may not have had a claim of some kind against someone who you later "took to court" after your bankruptcy for something they did or owed you. 4.  You sued that person and prevailed.   If the above is accurate, (your facts are very sparse and unclear)  then wnat you can do depends on when the claim you had against this person arose.  If it arose before your bankruptcy case was filed, then you were required to list that potential claim on Schedule "B" of your bankruptcy papers.  If you did that and exempted it, then you can keep the money you received.  If not, it belongs to the Trustee in your case (assuming you filed a Chapter 7 case.  Chapter 13 or Chapter 11 would be different). Also, if the claim arose before you filed your bankruptcy case and you didn't list it, that is grounds for possible future revocation of your discharge if discovered by anyone, since it is essentially fraud against the bankruptcy court.  You need to discuss this with your attorney as soon as possible. Finally, if the claim arose AFTER you filed your bankruptcy case, then you are free to keep the judgment proceeds.  Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr 
Answered on Oct 01st, 2011 at 2:41 PM

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