QUESTION
How can I prevent a court judgment from being dismissed under chapter 7 bankruptcy.
Asked on Mar 31st, 2014 on Bankruptcy - Colorado
More details to this question:
I performed appliance repair services for an individual who knowingly paid with a cancelled credit card ( I was not set up for onsite verification ) they refused to make good on the debt. I went to small claims court and was awarded a judgment against them. I have now received notification that they are attempting to dismiss the judgment under chapter 7 bankruptcy. The notification I received was post marked after the creditors meeting so I was not aware and did not attend
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
I believe you are asking if you get the debt that's owed to you to be declared non-dischargeable. Dismissal is something completely different.
The time deadline for filing a complaint objecting to the discharge of debt is 60 days after the first date set for the meeting of creditors.
Did you allege fraud in your small claims action and did the court make any findings on that? If not, you may have a difficult time proving the necessary elements in bankruptcy court.
Answered on Mar 31st, 2014 at 3:58 PM