Legal Question in Bankruptcy in New York

Re: small claims court

The short answer to your question is it depends. There are several more questions that need to be answered before I can satisfy your inquiry. Call my office at 718-888-3108 to schedule a consultation.

Very truly yours,

Neil E. Colmenares, Esq.

Re: small claims court

You have articulated your question in a particularly confusing manner.

If the other guy filed for bankruptcy, then there are 2 key issues: fraud and was the debt secured by the property. If yes, it was secured, then you have a right to 'dispute' or vindicate your rights to the property in the bankruptcy case. You have a particular number of days to do this which can be extended for good cause. It must be done in the bankruptcy court, not small claims.

If you are the person who filed for bankruptcy, then the money owed is a part of the 'bankruptcy estate' and you may file in small claims to collect the money. But the estate may or may not have a prior claim to the money depending on the date you filed for bankruptcy (6 months).

good luck.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029