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DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 573
Experience:  Attorney at Drake Law Firm PLC
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In a personal chapter 7 case, can a 3 year old judgment

Customer Question

in a personal chapter 7 case, can a 3 year old judgment creditor on a single breach of contract claim, come now (3 years later) and initiate an adversary proceeding under section 523(a)(2), (4), and (6) on the same 3 year old judgment. Also, is the judgment creditor allowed to include, in the adversary action, new cause of actions under state law, such as: statutory conversion, conversion, fraud, and conspiracy and request for relief treble the amount of its 3 year old judgement?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If a judgment has already been obtained, then the creditor couldn't sue again over the same claim under the law of red judicata.

Expert:  Roger replied 1 year ago.

*res judicata

Expert:  Roger replied 1 year ago.

If there was a new cause of action, it would be possible to sue if the statute of limitations has not expired.

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.

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