Can a business add a small claims judgement to an existing bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a business add a small claims judgement to an existing bankruptcy?
A small claims judgement was entered 2 motnhs after the bankruptvy was filed.
Asked on July 18, 2012 under Bankruptcy Law, California
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 12 years ago | Contributor
The question depends upon several factors.> Did you know of the potential claim when the petition was filed? Was it list5ed? Did the cause of action exist before you filed? were you served with summons before you filed?
If the debt existed prior to filing, you must file an amendment to the statement of financial affairs, schedule F, amd the summary of debts. Depending upon lical rules, you may be charged an amendment fee. FILE the amendments, ASAP.
Finally, I would advise that you send the notice of commencement of case to the creditor soon as they may have not received notice but actual notice may protect you. Too many unanswered questions to give a definite response.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.