Legal Question in Bankruptcy in Indiana

collecting from a person that has filed chapter 7

I am a apartment owner that has one a judgement from a former tenant. The tenant has moved to another state. I recently received papers they have filed chapter 7. Is there any papers I can file to possibly collect some of the dept owed or am I just plain out of luck forever.


Asked on 9/03/02, 5:47 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: collecting from a person that has filed chapter 7

I hate to be the bearer of bad news, but you're probably out of luck.

The only way you'll get anything from these folks is if the trustee finds their case to be an "asset case," which means he seizes some of their assets because they're over that state's exemption levels for things they are allowed to keep and then distributes them to the creditors who have submitted claims. Even if there are assets that are seized, you're probably not the only creditor, and filing a claim is going to cost you money and time for a return of pennies on the dollar.

Otherwise, once their discharge is granted (in a no-asset case), your debt is considered erased, and you cannot take any collections action against them.

Sorry to be the bearer of bad news.....

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Answered on 9/05/02, 7:43 am


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