I went to small claims and won the defendant appealed and I won again. He never paid the court order and still owes me 2000 including interest. I filed a lien on his home and he filed for bankruptcy can I still collect the amount the court order gave him to pay? Its has been 7 years and still trying to collect my small claims amount; he now owns and operates a successful business.
1 Answer from Attorneys
While a lien recorded prepetition (before bankruptcy filing) could exist (and be enforced against the property) absent its removal (by way of a motion to avoid) during the pendency of the bankruptcy case, the debt would have presumably been discharged in the bankruptcy and cannot be collected upon personally from the debtor; personal liability is extinguished. Continued attempts to collect from the debtor after the bankruptcy-filing constitute violation of a federal court order, which could expose the collector to damages in excess of the claim.
This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesnít address all facts & implications of the question; itís general bankruptcy info, not legal advice to be relied upon. The answer creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and certain facts may be relevant to the San Diego Bankruptcy Court only. The answer is independent of other attorneys' answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action.
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