I won a judgment for someone who defaulted on work he said he would do and the work he did do was not done at all correctly. There was a contract signed and a payment was made to him and even after i already won, he is not paying his debt to me. I have filed AOC-197 with no response so i file an AOC-198 and was waiting on the court to let me know when our court date was going to be. Surprisingly, he advises me today that he's planning to file for bankruptcy and what makes it worse is he is a relative. What can i do as of right now to have my judgment discharged from his bankruptcy? He hasn't filed yet and i want to assert my claim! Should i wait, if he follows thru, to see if his debt trustee has funds from his assets, if any, to pay me? Maybe file a request for relief?? Help!!
First, there is no Bankruptcy protection provided to a person until they actually file the Bankruptcy petition. Just saying he is going to, is not enough. But, because he has identified the likelihood that he is going to, you need to make sure you don't violate his bankruptcy rights by attempting to collect on a debt without first checking to see if he actually has filed the bankruptcy case. There are certain exceptions to the Bankruptcy Discharge, but they require you to file a separate lawsuit in relation to the Debtor's Bankruptcy Case. If you intend on doing so, now is the time for you to consult with a qualified Bankruptcy Attorney that represents Creditors Rights in Bankruptcy. The time period to file such actions is very limited and you will want your Attorney to be involved right from the beginning of the Debtor's case to best protect your rights. Don't delay, talk to a Bankruptcy Attorney today.
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Mr. Terese has given you excellent answer. Once he file a bankruptcy petition and your name is listed on the creditors list, you are notified. In the absence eof anything, it is just fiction. Also, you can file a creditors claim, but in many cases it is just a futile exercise. Only very specified creditors claims are protected. In many cases, there is nothing left for the trustee to distribute amongs the creditors. You can attend the trustee 341 meeting, and inform him at the very beginning, can ask him many embarassing questions, but perhaps that would be the end of it.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney.
Lots of people SAY they are going to file bankruptcy, but few of them actually do. In fact, some 90% of the people who contact my office wanting to file bankruptcy never follow through. When someone actually does file bankruptcy, you will be receiving official court paperwork in the mail and can move to the next step. Hope this perspective helps!
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You should contact an attorney in your community and meet with them as soon as possible to protect your rights in collecting your debt. Don’t delay.
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