The debtor filed chapter 7 and 13 bankruptcy in early 2013. I won an eviction judgment of $10,000 in October, 2013 against him. Did the debtor's bankruptcy discharged my judgment completely? If not, can I enforce my judgment on the debtor today? Thanks
Did the debtor receive a chapter 7 discharge or a chapter 13 discharge? Was debtor's chapter 13 case dismissed? Generally any rent that came due after the bankruptcy was filed you can still collect on. If your entire eviction judgment is for rent that came due after the bankruptcy was filed, then, yes you can enforce your judgment. More facts are needed to really give you a meaningful answer to your question.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
Need more information to answer your questions. If the debtor received a discharge your debt is almost certainly discharged and you cannot pursue this.
As indicated, the question, while it may be simple to you, is very complex, as it depends upon when the rent was incurred, whether the case was converted or dismissed; if converted from which chapter to which; and which kind of discharge the debtor obtained. Some of the debt may be discharged, all of the debt may be discharged, none of the debt may be discharged. Take your paperwork to an experienced bankruptcy attorney for a review and discuss the matter to determine what the debtor may owe you.
This response is not intended as legal advice. You may need to consult your own attorney to obtain a more specific answer.
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