Legal Question in Bankruptcy in California

We are three individuals who have judgments agianst a 4th person. Now we heard that he filled for chapter 7 no asset bankruptcy. Is there any way we can get our money. we don't have any lien agianst him at all.

Asked on 9/21/09, 11:39 am

2 Answers from Attorneys

Norma Duenas Southern California Law Advocates

This will depend on what kind of judgment you have against the person. Some debts are not dischargeable in bankruptcy. Debts involving embezzlement, fraud, willful or malicious injury judgments from intoxicated driving are among the debts you cannot discharge in bankruptcy. For some of these debts that are nondischargeable you will need to file an adversary proceeding to determine the nondischargeability of the debt.

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Answered on 9/21/09, 12:02 pm
Vincent Gorski The Gorski Firm, APC

I agree with Ms. Duenas' answer. I would also like to add that you will want to file a proof of claim in the bankruptcy to preserve your right to share in any distribution.

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Answered on 9/21/09, 1:00 pm

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