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I won a civil case against a person for a fraud case and was awarded a judgement for $108,000.00 on 9/2005. I didn't know how to collect and have been in a terrible emotional state for 9 years after this had happened since I was scared for my life in this lawsuit with him since he had threatened me and my family. I've finally becoming stronger and want to try to collect.I just found out that person filed chapter 7 bk that was discharged in 01/2010. I was never notified that he filed bankruptcy. I was going to renew my judgment against him since in the state of California you have to renew it after 10 years in order for it to still be enforceable. My question is how do I know if my judgment was included in his bankruptcy and if it was included, can I still try to collect and renew my judgment since it was for fraud and if it was NOT included in his bankruptcy, can I still enforce the judgement now? please help
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Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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Your judgment is included in the bankruptcy discharge regardless of whether or not he listed you, if it was a No-Asset Chapter 7 case (meaning that no assets were disbursed by the Trustee).
However, if in fact you did not receive notice, and there is evidence of that in the petition itself (e.g. you were listed, but with an incorrect address, or not listed at all), then you MIGHT be able to seek to reopen the bankruptcy case so you can file an action against him to render the debt he owes you non-dischargeable. That requires going through a trial, but if you have a solid fraud judgment against him and the state court made specific findings of fraud, then it should be fairly easy to get a non-dischargeability judgment against him which would then allow you to continue (or commence) collection actions against him.
The big hurdle you may face is getting the bankruptcy court to agree to reopen the case 5 years later. I've never researched that issue, but I think if you can prove erroneous notice in the bankruptcy case and an explanation for why it took you this long to find out about it, you have a chance.
Answered on Apr 02nd, 2015 at 11:29 PM