Legal Question in Bankruptcy in Indiana

Filing Bankruptcy Against a judgement

I have a judgement for 1800 dollars against a person in my town here in Indiana, they have paid about 600 on this debt. They stopped paying I took them back to court and his lawyer appeared and said that he filed bankruptcy against me and the judge looked at me and said there was nothing he could do. He told me I had to appear at his bankruptcy hearing and dispute my case. Can he really file against a judgement that was already against him and he was paying on?? What do I do?


Asked on 10/21/05, 3:01 pm

2 Answers from Attorneys
John Bator Bator Redman & Shive

Re: Filing Bankruptcy Against a judgement

Yes under fedearal bankruptcy law, a judgment is generally dischargeable unless the debt qualifies as an objectionable debt such as fraud or wilful injury to another. A simple loan or debt can be discharged.

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Answered on 10/21/05, 3:16 pm
Katie Jackel Law Office of Katie E. Jackel

Re: Filing Bankruptcy Against a judgement

You are considered a creditor of the person who filed bankruptcy (the debtor), and they must have listed that debt on the list of debts to be discharged. if you want to oppose the discharge, you would need to appear at the 341 hearing or oppose the discharge in writing. To find out the deadline in the bk case, you can call that particular bankruptcy court.

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Answered on 10/23/05, 2:29 pm


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