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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 111647
Experience:  Attorney At Law handling education matters.
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I won a lawsuit in Florida on Nov 20,2015. On Nov 18,2015

Customer Question

I won a lawsuit in Florida on Nov 20,2015. On Nov 18,2015 two days before the final hearing the loser filed chapter 7 bankrupcey in Michigan for the initial partial loss he suffered. The final hearing was to add attorney fees and costs. I'm under the impression that the chapter 7 bankrupsey does not get him out of the final judgement I received because it was after he filed his bankrupcey. The case was filed because he sold land and and a mobile home to me, but he didn't own the land.
Submitted: 7 months ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.If this judgment against him was based on fraud, which is what you are claiming, you need to file a motion for relief from automatic stay and an exception to bankruptcy and you need to argue that this debt is not subject to being extinguished pursuant to bankruptcy code as this is a debt from fraudulent conduct in selling you land he did not own. See: 11 USC 523 (https://www.law.cornell.edu/uscode/text/11/523) which specifically says that if the debt was from a fraud, it cannot be discharged in bankruptcy. Of course, you would have to locate assets on the debtor to continue to pursue him for payment of the debt or would have to return to the court where you obtained the judgment and seek to get a garnishment order against him to garnish any wages if he has any.