How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

I have filed a claim against someone in small claims court

This answer was rated:

I have filed a claim against someone in small claims court and they have since filed for Chapter 7. Do I cancel my court date and make a different claim? Do I go their trustee? To bankruptcy court?
You have to dismiss your case in state court, pending the outcome of the bankruptcy case. You cannot proceed any further, as the debtor gets an automatic stay protection from all collection action, including suits. Now, you can file a claim in the bankruptcy case if there are assets to be distributed, or if they are in a chapter 13 repayment. You will get a form in either case, if you are listed as a creditor in the bankruptcy. Also, if you feel the debt is nondischargeable, you can hire an attorney to file an adversary objection in the bankruptcy case to fight the dischargeability of the debt to you. There are only a few reasons why a debt would be non-dischargeable, so read thru the bankruptcy can search online to find it, or else talk to an attorney to advise you about the specifics of your case. Good luck.
Customer: replied 8 years ago.
What do you mean by "nondischargeable"? and how do I find out if there are assets to be distributed? What is the procedure for filing in bankruptcy court? Do I need a lawyer?
A lawyer is always a good recommendation.
If there are assets found by the trustee in chapter 7(trustee represents all creditors and looks for money to pay them/you) you will get a proof of claim form from the court to send in to claim funds.

Exceptions to discharge under the bankruptcy code can be found here:
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Are you available to hire for this problem? What would you charge?
Sorry, no. I am only licensed to practice in Illinois.
Customer: replied 8 years ago.
Okay, well, thanks.

Related Bankruptcy Law Questions