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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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In a Adversary Proceeding in a California bankruptcy Chapter

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In a Adversary Proceeding in a California bankruptcy Chapter 7 case where the trustee comes after a defendant for assets they feel belong to the Debtor to pay back the creditors what happen if the funds are uncollectable from a party you are trying to collect from? The money was spent and the only funds are there payroll checks?
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. you are correct that by you filing motions, it does not matter. That is because this is the trustee's responsibility. Likewise, the trustee will get a judgment against the defendant. And if the judgment is not collectible, it is still good for ten years so the trustee will keep reviewing the case and hopefully assets will become available. And when they do, the trustee will have money to distribute to any creditors. Accordingly, the trustee can keep the case open indefinitely or until he reaches a point where he feels it is best to close the case. Regardless, as the debtor, there is nothing that you need to do.
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Customer: replied 3 years ago.

What if after the Judgment is made can I file Bankruptcy on that Judgment?

NO, that type of judgment is not discargeable in a bankruptcy.

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