Legal Question in Credit and Debt Law in California

this guy owns me $100,000 since 2007, I have receipts and papers sign from him saying that he will pay me double amount, now he failed bankrupt ,can I still get my money back?


Asked on 8/15/14, 3:41 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

To the extent that you want to be paid through the bankruptcy process, you will need to file a proof of claim within the time allowed by law. If you don't file a claim there is money paid by the trustee, you won't get any unless you file a timely.

In most cases, the debt will be discharged unless you file a lawsuit in bankruptcy court called an adversary proceeding. You would to prove fraud or some other legal reason why the debt should be carved out from the discharge. There is a very short time deadline to file this type f claim, so you should see any attorney right away to protect your rights.

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Answered on 8/15/14, 4:04 pm


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