Legal Question in Bankruptcy in California

Won adversary

I'm confused as where I should file a suit if I win in an adversary proceeding. Does the bankruptcy court file the judgement against the creditor? Or do I now need to file a separate Civil Case? I filed a complaint in civil court, but the debtor filed bankruptcy before it even got started so there was no judgement, arbitration, nothing. I'm just trying to anticipate my next step should I win. If there is no judgment in a civil court does the bk court issue a judgement? Or do I then need to go back to civil court and try to pick up where I left off?


Asked on 8/13/07, 4:47 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Won adversary

You could file a motion for relief from stay to proceed in civil court, or you could file a motion for determination of dischargeability of debt. With the latter, the BK court decides whether the debt is dischargeable and, if not, usually will issue a money judgment.

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Answered on 8/14/07, 1:23 am


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