Legal Question in Bankruptcy in Illinois

court ordered payment

a person stole my car and i got a judgement against him and i have wage deduction order in place for almost one year now , i just today foung out he is trying to file bankruptcy, is there a way that i can make sure i can get still my my money so he canot file file against this oreder


Asked on 7/13/07, 9:11 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: court ordered payment

You cannot stop someone from filing bankruptcy specifically against anything. If it is just a normal judgment, it is dischargeable like any other debt. However, due to the fact your car was stolen, is this an ordinary judgment or a restitution judgment? Restitution is not dischargeable under bankruptcy law. I suggest you speak with an attorney as there may be grounds for an adversary proceeding. However you have to look at whether it is worth the cost of filing said proceeding as it tends to be expensive. Just remember that trying to file bankruptcy isn't enough. Until he has a case number you are able to collect against him.

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Answered on 7/13/07, 9:44 pm


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