Legal Question in Bankruptcy in Georgia

Bankruptcy and Property

a former employer had a lean against my home. he filed bankruptcy. several years later he filed suit against me on the lein. is it legal to do this after filing bankruptcy? the judge in the case has ruled I have to pay my former employer. what should I do?


Asked on 4/02/07, 7:33 am

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Bankruptcy and Property

Call your bankruptcy lawyer immediately. Only he can answer this. You may have a defense to the suit, and you may have a right to sue to employer for contempt. It is vital that you call your bankruptcy lawyer less than 30 days after you receive the suit - sooner if possible. He is the one you should be calling, as he has the needed details.

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Answered on 4/02/07, 7:36 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Bankruptcy and Property

As stated, call your lawyer. However, as it was your employer who filed for Bankruptcy and not you, he may very well have the right to collect the money. His debts, not yours, were presumably discharged so it is unlikely he is in contempt of anything. Until and unless the situation changes, obey court orders.

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Answered on 4/02/07, 7:41 am
Robert Thompson J. Robert Thompson Attorney

Re: Bankruptcy and Property

His bankruptcy may be a defense, since the debt may no longer belong to him (it became the property of the bankruptcy trustee). He cannot collect the debt for himself, unless the trustee has abandoned the claim.

Consult a bankruptcy lawyer to determine the status of the debt.

You say "the judge has ruled"--this may mean that your only choice at this point is to appeal that judgment. Consult a lawyer immediately to file an appeal or take other action to set aside the judgment. The time period to do this is VERY SHORT.

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Answered on 4/02/07, 9:39 am
Jonathan Ginsberg Ginsberg Law Offices, P.C.

Re: Bankruptcy and Property

If your former employer filed a bankruptcy, it should have listed the claim against you as an asset. Which judge said you had to pay your former employer - the bankruptcy judge?, the state court judge?

As the other attorneys who responded to this say, you should speak with your bankruptcy lawyer immediately for help figuring out your next steps.

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Answered on 4/02/07, 2:26 pm


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