Legal Question in Bankruptcy in New York

A con man tricked you into investing $10,000 in precious Nigerian gems. The con man promised a $1,000,000 return on your investment. Your $10,000 investment disappeared. You took swift action and sued the con man in state court. After months of litigation you won a judgment against the con man. The Judge said you were defrauded. Right after you get the judgement the con man filed bankruptcy. Can he get away with this? Is there anything you can do and under what authority under the bankruptcy code?


Asked on 3/09/11, 5:26 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

You have to bring an adversary proceeding in his bankruptcy case. You only have 60 days from the first date set for the meeting of creditors in which to commence the proceeding. If not, the judgment is discharged. If the defendant owns real property and the judgment was entered in the county in which the real property is located, you have a judgment lien on the property - unless he voids it in bankruptcy court, which can usually be done.

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Answered on 3/10/11, 7:11 am


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