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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I RECENTLY WON A JUDGEMENT THEN FOSTER AUTOMOTIVE FILED FOR

Customer Question

I RECENTLY WON A JUDGEMENT THEN FOSTER AUTOMOTIVE FILED FOR CHATER 13 BANKRUPTCY, IS THERE ANYTHING I CAN DO TO GET MY COURT ORDER JUDGEMENT.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  cfortunato replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

 

Was your judgment based on fraud or on false pretenses?

Customer: replied 1 year ago.
No this shop was suppose to fix my car instead kept my car for
almost a year moved his shop didnt even tell me. I call this shop eveery other day they would tell me to ck back next week. When I took them to small claims court they did not show up. So the judge gave me what I ask for 15,000. I found out were he banked at and had a levy served. 10days after it was serve I receive papers stating he was filing chapter 13 bankruptcy on these papers he don't have the COURT ORDER JUDGEMENT OF 15,000 NO WHERE. WHATS GOING ON.
Expert:  Terry L. replied 1 year ago.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

You should notify the trustee in the case and file a proof of claim for your debt. If the claims deadline has passed, then you should bring a motion to allow a late claim, using the reasoning that the debt was unscheduled.

If they still have your car and you want it back, you need to file a motion to modify the automatic stay, before you can take steps outside of the bankruptcy to retrieve the car.

Your claim will be paid with other like claims, most likely unsecured, so you may only get a percentage of the claim, depending on the case. You should talk to a local bankruptcy attorney, as you may have grounds to object to the discharge for fraud, conversion etc.

Let me know if you have any other questions. Thanks
Terry
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank u so much for infor. I did call the courts and they will mail me out a proof of claims form. Then i contacted a bankruptcy lawyer who i willmet with soon. I may have to check around because this lawyer didn't even know about the things u inform me about. I did need to know if i can sue the bank because the sheriff serve the levy to the Vice Prisdent of the bank on 9/27/2012. The court told me the bank had 10 days after the levy was serve to forward everything in the account under 15,000 to them. To date nothing has been forward to them, but on Oct 4, 2012 Foster Automotive file for chapter 13 bankruptcy. The only way they could have found out about the levy is that the Vice Prisident must have told them, because he didn't show up to court and the court don't notify u So can they be sued
Customer: replied 1 year ago.
Thank u so much for infor. I did call the courts and they will mail me out a proof of claims form. Then i contacted a bankruptcy lawyer who i willmet with soon. I may have to check around because this lawyer didn't even know about the things u inform me about. I did need to know if i can sue the bank because the sheriff serve the levy to the Vice Prisdent of the bank on 9/27/2012. The court told me the bank had 10 days after the levy was serve to forward everything in the account under 15,000 to them. To date nothing has been forward to them, but on Oct 4, 2012 Foster Automotive file for chapter 13 bankruptcy. The only way they could have found out about the levy is that the Vice Prisident must have told them, because he didn't show up to court and the court don't notify u So can they be sued. Jackie Jackson
Expert:  Terry L. replied 1 year ago.
Once the debtor filed bankruptcy, the lawsuits, garnishments, frozen bank accounts levy must stop. Talk to your attorney about discussing if you are entitled to a portion of funds from the date of the freeze until filing. You might be. The debtor may have exempted it too, so it really depends on the case facts. Anyhow, it sounds like you are on the right track now, and should get paid a portion of your claim.

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