Legal Question in Bankruptcy in Kansas

I sued a man a few months back for a vehicular accident in which he wasn't insured. I won the case in the amount of $2,900 after making monthly payments totaling $700 he stopped paying me and I got a notice that he was filing bankrupcy and that his debt to me was going to be discharged. I was wondering if I could motion that his discharge of his debt to me would put me under undue hardship. It is enough money to lose that it would hurt me financially, but not enough to justify a lawyer. It is not me who is filing bankrupcy, I just need to know my rights as a victim of a previous case.


Asked on 8/26/09, 4:42 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Pay attention to the Notices you get from the BK court. Be sure to stake your claim as a creditor. If he field for Chap 7 relief, you ar ento likely to get any money, unless he was drunk during the accident. If it was a fender bender, when he wasn't on a bender (no pun intended) you wil not be able to do anything more top collect the judgment. Hardship to the credtior is not a basis for relieff from tehautomatic stay, or avoidance of the discharge.

If he filed for chapter 13 relief, you might get a portion of your money over time, if you keep up with the notices.

Good Luck

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Answered on 8/31/09, 5:01 pm


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