Legal Question in Bankruptcy in West Virginia

money owed

i am owed money and plan on taking the issue to small claims. the person who owes the money claims they will file bankruptcy and then I will get nothing. my question is , are small claim judgements not collectable if a perwson files bankruptcy.


Asked on 8/21/08, 9:09 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: money owed

Generally yes, all debt, whether reduced to judgment or not is subject to discharge in bankruptcy with the exception of taxes, domestic support obligations, student loans. There are exceptions to the exceptions but not relevant to the question. If reduced to judgment, the obligation becomes a lien on real property and with the issuance of a writ of execution and a suggestee execution the judgment becomes a lien on personal property and wages. That lien can often be avoided in bankruptcy, but it takes a special motion and sometimes an adversary proceeding. The facts and circumstances must be reviewed by a bankruptcy lawyer to provide information that you can rely on and use in making a decision as to whether or not to proceed in Magistrate Court.

Read more
Answered on 8/21/08, 9:55 am


Related Questions & Answers

More Bankruptcy Law questions and answers in West Virginia