Legal Question in Bankruptcy in Florida

Re: Can I file a small claim against a person who filed for Bankraptcy ( chapter

Upon the filing of the bankruptcy, there is an automatic stay of any current legal proceedings, as well as any potential legal proceedings against the company that filed bankruptcy. So, that means you cannot file any action against the company to recover any monies against them. You are barred from even filing such action and you could be subject to sanctions and other penalties for filing such action with knowledge of the bankruptcy.

You are entitled to file a claim for the full amount of your damages - it is through the filing of a Proof of Claim. Forms can be found on the website of the Bankruptcy Court in which the company filed, as well the clerk should send you a blank copy if you are considered a creditor of the company. You should call the clerk of the court and learn about all of the information on the bankruptcy, and find out about any forms you need to file (i.e. Proof of Claim). Stay informed as this company may decide to quickly dispose of their bankruptcy through a Chapter 7 (Liquidation of Assets) without giving you notice.

You have the right as a creditor to appear at the 341 Meeting of Creditors (usually 30 to 60 days after the date of the filing of the bankruptcy). Find out where it will take place and go there to ask questions of the company representative. Also, there is a Trustee of the Company that has been or will be appointed - speak with that person. Maybe the Trustee will dismiss the bankruptcy as being a fraudulently filed bankruptcy.

Good luck.

Re: Can I file a small claim against a person who filed for Bankraptcy ( chapter

No. But,if time permits, you can file an objection to discharge in the bankruptcy court.

Re: Can I file a small claim against a person who filed for Bankraptcy ( chapter

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. You are prohibited from filing any lawsuit in a state court while the bankruptcy is being administered. There is an automatic stay against all collection activities.

You DO have a right to file a claim in the bankruptcy action and question the party at the Section 341 Meeting of Creditors. You will be sent a notice. Please note that the questioning must be brief and will be very limited.

Scott R. Jay, Esq. 305-249-8000