Legal Question in Credit and Debt Law in Colorado

Collecting a judgment when debtor has filed bankruptcy

My husband and I recently won a small claims judgment. The debtor filed for bankruptcy after the judgment date. Is the debtor still protected from us? Do we have any rights to help us collect?

Asked on 5/17/03, 9:32 pm

1 Answer from Attorneys

Kyle Doviken Doviken and Ditsch
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Re: Collecting a judgment when debtor has filed bankruptcy

Unless you are a secured creditor, i.e. have a perfected UCC Aricle 9 lien--against say a car or a house, or the judgment is as the result of a tort (i.e. a personal injury claim) you are out of luck, the debt is avoidable through the filing of a bankruptcy. Sorry.

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Answered on 5/18/03, 10:16 am

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