QUESTION

I have a judgement for services that I paid for and he filed bankruptcy can he include the debt in his bankruptcy

Asked on Jul 02nd, 2013 on Bankruptcy - Iowa
More details to this question:
I hired a guy to install a furnace and A/C unit and it was not up to city code so I had to hire someone to redo the entire job- I sued him in small claims and won- he since filed bankruptcy- can he include me?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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If you're asking whether or not the debt is dischargeable in his bankruptcy case, the answer is yes, unless you timely and successfully object to the discharge which you can do if you have some legal basis to do so, such as fraud.  Were there findings of fraud made by the court in the small claims case?  If so, you have a chance of getting the debt declared to be nondischargeable under 11 U.S.C. 523.  Otherwise, you probably don't. You should consult with a bankruptcy attorney in the location where the case was filed for further details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.   
Answered on Jul 02nd, 2013 at 4:03 PM

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