QUESTION
What do I do after a win a judgement on a chapter 7 bankruptcy?
Asked on Jul 18th, 2012 on Bankruptcy - California
More details to this question:
I won a judgement against a business, Now the business filing a chapter 7 I have until the 21st of this month in which to answer it. I don't know how? Help
17 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If the business that you have a judgment against has filed for bankruptcy you need to file a claim in the bankruptcy case. If you were mailed a notice about the bankruptcy filing there should have been a claim form and instructions about how to fill it out and file it that were also mailed to you. If you did not receive the claim form you should contact the court where the case is pending and request a claim form.
Answered on Aug 07th, 2012 at 1:29 PM
Burton J. Green
You need to discuss your situation with a bankruptcy attorney. Most money judgments will be discharged in a chapter 7. However, there are exceptions to the discharge. A bankruptcy attorney will review the basis for your judgment and advise you on whether it falls into the exception category. If it does, you will need to file an objection to discharge for your debt.
Answered on Jul 25th, 2012 at 10:46 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the business is going chapter 7 you may not be able to recover anything. File a claim and attend the meeting of creditors.
Answered on Jul 23rd, 2012 at 6:00 PM
You should file a proof of claim.
Answered on Jul 20th, 2012 at 9:13 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You have a right to file a claim also you can sue in an adversary proceeding or file a motion objecting to dischargibility of the debt. Bankruptcy proceeding are Federal and complex. Please get counsel.
Answered on Jul 20th, 2012 at 9:06 PM
You are using wrong legal terms. Presuming that by your term "answer" you meant you wanted to make a claim against the business in the chapter 7 case, then this is what you do: 1) go to the website of the bankruptcy court; 2) find the claims register; 3) file a claim in your name; 4) if your judgment is deemed "secured", then call it secured, otherwise, it's not secured; 5) attach a certified copy of your judgment to the claim. If the claim is for fraud, that's different, a bankruptcy can't get rid of a judgment of fraud. In that case, you file a lawsuit in the bankruptcy case (called an adversary petition).
Answered on Jul 20th, 2012 at 9:00 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You need to consult an attorney, too many issues. Is the case a corporate or personal chapter 7? You can object to a discharge in a personal chapter 7 if there is a basis to object. Generally, there is not much you can do. Are you aware of any wrongful transfers of assets or fraud? You can communicate with the chapter 7 trustee if you have such information.
Answered on Jul 20th, 2012 at 8:40 PM
You are probably out of luck. If the business has any assets that are being sold, then you will get a proportionate share of the proceeds of the sale, but usually when a business goes belly up, the asset list is short and the creditor list is long. Regardless you should file a proof of claim with the bankruptcy court. The claim for is on the back of the notice you received telling you that the business had filed bankruptcy. It is also available on the bankruptcy court's website.
Answered on Jul 20th, 2012 at 7:29 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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The judgment means that a court agrees that the business owes you money. The bankruptcy means that it is unlikely that you will be paid. If the business owns real property, the judgment, if rendered in the county where the property is, will create a lien on the property. If not, you probably have an unsecured claim that will not be paid unless the trustee recovers money. About the only thing you can do is file a proof of claim and hope. If the debtor is an individual and you believe that there is fraud or a failure to be candid with the court, there are other things that can be done.
Answered on Jul 20th, 2012 at 7:27 PM
I would call a creditor bankruptcy attorney immediately (one who represents CREDITORS in bankruptcy court).
Answered on Jul 20th, 2012 at 7:26 PM
You cannot do anything to collect on that judgment without filing a motion to be relieved from the automatic stay. You should consult with an attorney to determine whether the judgment is one you are likely to be able to obtain such relief on.
Answered on Jul 20th, 2012 at 7:24 PM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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Depending on the merits of your case you can file an adversary against the bankruptcy filing party to have your debt considered non-dischargeable. There are certain parameters that are involved on whether you win or just be wasting your time. Most often the reasons for filing an adversary are fraud or misrepresentation. However, just having a judgment does not warrant an adversary for non-dischargeability. You should seek bankruptcy counsel to review your claim.
Answered on Jul 20th, 2012 at 7:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to counsel with an attorney NOW. There is insufficient information to give you any other advice, except when there is a deadline, especially in bankruptcy matters, you will be held to it.
Answered on Jul 20th, 2012 at 7:15 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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To protect your interest and share any distribution from the business' bankruptcy estate, you need to file a proof of claim with the bankruptcy court as soon as possible.
Answered on Jul 20th, 2012 at 7:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to set up a consultation with a few attorneys. Most creditors back off when someone files a bankruptcy, otherwise they may violate the federal automatic stay. You cannot do anything to try to collect the debt. If it was a fraud on you or a larceny, the debt may not be dischargeable, but only an attorney will be able to tell you that and do anything about it. You may just have to claim the amount as a loss on your income tax return. Consult with an attorney asap.
Answered on Jul 20th, 2012 at 7:11 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to talk to a bankruptcy attorney who represents creditors. Bankruptcy stops your ability to collect on the state court judgment. There are deadlines for you to take action in the bankruptcy.
Answered on Jul 20th, 2012 at 7:10 PM
Businesses are not entitled to discharges in bankruptcy, though the only way of collecting on a judgment against the business is through liquidation of the business's assets, which is handled by the chapter 7 trustee. Your best bet is to file a proof of claim and attach a copy of your judgment with the Bankruptcy Court to preserve your right to dividends from the bankruptcy estate.
Answered on Jul 20th, 2012 at 7:07 PM