Legal Question in Bankruptcy in Maryland

what can I do to collect a judgement if someone filed for bankruptcy?

I have an oral examination with the debtor, even though he claims to have filed. what are my options with the question?


Asked on 3/22/10, 3:55 pm

2 Answers from Attorneys

Laura Margulies Laura Margulies & Associates, LLC

If the person filed bankruptcy, you may not do anything to collect the money. However, ask him for his case number and then call the bankruptcy court to confirm his filing.

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Answered on 3/27/10, 5:44 pm
Daniel Press Chung & Press, P.C.

You can file a proof of claim if it's a Chapter 13 or 11, or if there are assets being administered in Chapter 7. If you believe the debtor committed fraud, breached a fiduciary duty, stole the money, or committed a willful and malicious injury, you may be able to have the debt excepted from discharge. There are some debts that would not be discharged, including child and spousal support and marital dissolution debts. If you think any of this may apply, see a bankruptcy lawyer. Otherwise, you cannot take any steps to collect, including conducting the oral examination (if you have questions, you can go to the meeting of creditors and ask questions).

But the first step is to verify filing, which you can do through the bankruptcy court.

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Answered on 3/28/10, 6:12 am


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