Ask a Lawyer and Get Answers to Your Legal Questions
This is Samuel. If the person has not listed you as a "creditor" in the bankruptcy, then you can file a lawsuit against them.
And so whether your deal was made before or after the Bankruptcy, if you were not listed as a "Creditor" then the automatic stay that is granted during such a bankruptcy will not apply.
You can sue for up to $15,000 in GA small claims court and you can get the forms from the clerk of the court in the county where the defendant lives and file on your own without a local attorney.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.
Thank you for the clarification. Yes. Of course you can. Your rights to the courts are not banned. I suggest however you may want to discuss this with the person and request a new check be written or you will bring it to small claims.