Legal Question in Bankruptcy in Florida

We are owed several thousand dollars by a property management company, who's debts have just been discharged under section 7 bankruptcy. We were identified as creditors by the court, but were given no option to petition or claim. This is a lot of money for us as it is an individual rental business and it could take years to recoup this loss; we are not a company that can easily absorb such costs. What can we do?


Asked on 2/23/10, 4:32 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

If the debt has already been discharged then there is likely not much you can do except write off the debt. You said that you were listed as creditors and therefore you should have been notified of the bankruptcy filing. That was your invitation to file a claim with the court, but even then you would not likely see any payment unless there was a sufficient liquidation of assets and your "share" of the debt was high.

If the bankruptcy has not been discharged you should contact an attorney who specializes in representing creditors in bankruptcy proceedings. There is a possibility that you may still have options.

Keep in mind, that if you were listed in the bankruptcy and were not given permission by the court to pursue your claim, then you are not permitted to pursue collection actions against the debtor.

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Answered on 2/28/10, 7:31 am


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