QUESTION
How do I stop my court ordered claim against a business from being discharged in a Chapter 7 Bankruptcy? Can I legally sue a person as well?
Asked on May 18th, 2017 on Civil Litigation - Indiana
More details to this question:
The contractor was paid over $21,000 to complete a job and never completed it. We took him to small claims court to recoup some of our money and was awarded the max amount of $6,000 plus our filing fees. The contractor has only paid $1,000 and still owes $5,122.00 and the work is still not done. Can I sue him personally, since he filed on his business? Is there a way to ensure that he is not able to discharge my claim? The bankruptcy is still in the early stages. I just attended the trustees hearing for the creditors on May 10, 2017. What legal options for I have to still pursue this? Can I file a fraud claim against him personally? Not sure what to do.
1 ANSWER
Personal Injury Attorney serving Indianapolis, IN
Partner at
Hurst Limontes Indiana Injury Lawyers
2 Awards
The answer to this question will depend on a lot of different things. If his business was a properly run LLC, Corporation, etc., then you won't be able to hold him personally liable unless he signed as a guarantor or took personal responsibility in some other way. As far as preventing your claim from being dismissed, that may be difficult as it sounds like your claim is an unsecured and unperfected claim, meaning it goes at the end of the line and may not be paid out.
Answered on May 30th, 2017 at 6:23 AM