QUESTION

I was sued in sm claims and lost and rec''d judgement against me. The person who won, filed bankruptcy, did not file this property on the bankrupcty

Asked on Sep 30th, 2011 on Bankruptcy - Missouri
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who do I contact to show the fraud on these documents and having this judgement against me, because she won the claim she filed in sm claims for 3,000 . This is in Missouri what can I do besides get an attorney to contest the judgement against me, Foremost what can be done for what she has done in filing falsly on bankruptcy claim
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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You are not owed money by the party who filed bankruptcy, so you do not have a claim against her bankruptcy estate.  If you have evidence that she committed fraud in her bankruptcy papers, you can point that out to the US Trustee's Office but it's not going to get you anything.   The opposite is true:  you owe money to her and, depending in which bankruptcy chapter she filed (you don't disclose that information), the Trustee in her case may seek to collect that judgment from you unless she exempts it under applicable law. In order to contest your judgment, you must file an appeal in the small claims court in the time frame required for that (I have no idea what that is) but first you must obtain permission from the bankruptcy court to do that.  This is done by filing a Motion for Relief From the Automatic Stay.  You will need an attorney for that.   It is rare that judgments are overturned on appeal.  What legal basis do you believe the small claims court erred in its ruling?  You really need to hire an attorney in your area to discuss all these issues. 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 2:34 PM

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