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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12064
Experience:  JD, MBA
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I had my personal possession stores at a friends residence,

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I had my personal possession stores at a friends residence, assuring me that these items would be safe and secure/ Long story mshory, his wife disposed these items. I sued them and was awarded a judgement of the value of them $52,000. The next day they filed bankruptcy so they wouldn't have to pay me. What is my next step?
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

Are you able to successfully argue that something like fraud was somehow involved? Or was this a simple case of carelessness and negligence?
Customer: replied 3 years ago.

This individual who destroyed these possessions of mine is seriously and evil, vicious person. She has assualted me twice and her husband-a retired State Trooper talked me out of pressing charges. It states in my award letter that she "intentionally" tok these items and destroyed them without my knowledge

Customer: replied 3 years ago.

This individual who destroyed/took my possessions is an evil, vicious individual. She has assualted me twice, her husband, a retired State Trooper talked me out of filing charges. It states in my award letter that she "intentionally"took/ destroyed my items

Hello again.

It sounds like the debt may be nondischargeable, which means they (or at least the wife) would still owe the money after the bankruptcy discharge. I'm specifically referring to Section 523 of the Bankruptcy Code, which states in relevant part:

11 USC § 523 - Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

You would need to get a court order from the bankruptcy court that the debt is nondischargeable. To get the court order, you will need to file an adversary proceeding, which is basically a mini-lawsuit within the bankruptcy. In the adversary proceeding, you provide evidence that the wife willfully and maliciously destroyed your property. The prior judgment will likely be very useful for that purpose, so long as your judgment was based on the merits and is not a default judgment. I strongly suggest that you retain an attorney to file the adversary proceeding on your behalf. While you certainly have the right to do so yourself, it may be difficult for you to handle this matter yourself. In order to find a qualified attorney, you can contact your county's state bar association for a referral.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

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