If someone owes me $8000 but they filed for bankruptcy and listed me for only $4500, can I sue them in small claims for the difference?
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If someone owes me $8000 but they filed for bankruptcy and listed me for only $4500, can I sue them in small claims for the difference?
Their bankruptcy has been discharged.
Asked on May 18, 2012 under Bankruptcy Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have been listed as a creditor with respect to a person's bankruptcy and that person's debts have been discharged in the bankruptcy proceeding, it does not matter if the amount owed you was listed at $4,500 or $8,000, the end result is the same.
You are legally barred from suing the person who filed for bankruptcy protection in any court, let alone small claims.
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