I am Owed Money from Someone Who Declared Bankruptcy. How Can I Get My Money?

Mon, Aug 3, 2015


3523024991_d577356b7a_bThat depends on the scenario.

  1. So your cousin owes you lots of money for some work you did for him. You were going to file a judgment but then he declared bankruptcy. Can you get your money? Yes, theoretically, as long as he didn’t include the debt in the bankruptcy or add it later. However, chances are that if he declared bankruptcy he might not have anything to pay you. Therefore, you need to file that judgment and then make sure you renew it before it expires. Don’t be surprised if he somehow finds a way to get it included in the bankruptcy if he has a skilled attorney. Depending on your legal skill and financial situation, you might also be wisely served by an attorney.
  2. However, let’s say that you have a tenant who put his lease arrangements into the bankruptcy. Can you get your money from him? Probably not – but you can evict him.
  3. If it’s your ex-spouse who owes child support and declared bankruptcy, you had better believe you could still get your money. Child support cannot be included in a bankruptcy. Make sure you contact a family law attorney and discuss how to enforce your child support order, should you have concerns.
  4. If it’s a business that owes you money and you get wind of a bankruptcy filing or sense the possibility of it, make sure you follow the case and attend any creditor’s meetings to try to get a payment plan worked out.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

Image: Some rights reserved by ~Brenda-Starr~


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