Collecting a judgment when debtor has filed bankruptcy
My husband and I recently won a small claims judgment. The debtor filed for bankruptcy after the judgment date. Is the debtor still protected from us? Do we have any rights to help us collect?
1 Answer from Attorneys
Re: Collecting a judgment when debtor has filed bankruptcy
Unless you are a secured creditor, i.e. have a perfected UCC Aricle 9 lien--against say a car or a house, or the judgment is as the result of a tort (i.e. a personal injury claim) you are out of luck, the debt is avoidable through the filing of a bankruptcy. Sorry.