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Owed Money by a Bankrupt Business

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  • 11-10-2008, 09:01 PM
    naisa
    Owed Money by a Bankrupt Business
    My question involves bankruptcy in the state of: florida
    Please Help! can someone tell me what can I do in my case? I suit a tile business for a bad tiling job and got a final judgment but the business owner filed for bankruptcy but still runs the same business in a new location under another name, can someone tell me if I can still enforce the judgment to collect the money? or is a waste of time to even try because he filed for bankruptcy?
    Im supposed to got to court this week to record the judgment and file a writ of execution but dont know if all this will be worth it, any advice?

    Thank you so much for your help.
  • 11-10-2008, 10:21 PM
    M'sta Mikey
    Re: Can Someone
    You can contact the business owners bankruptcy attorney and file claim. If it's Ch. 11, then you can request your judgement be included into his plan; though if you're not a vendor, you'll be further down the list and might not collect

    Also, check your state laws, your judgement may be renewable for several years to come so you can continue to renew it and enforce it later down the road. Expensive, but it may be worth it.
  • 11-11-2008, 06:18 PM
    naisa
    Re: Owed Money by a Bankrupt Business
    The chapter is 7, what should I do if is 7? they send me a letter saying a deadline but should I still go to court and register the judgment? and also file for a writ of execution? or because he filed for that 7 chapter I cant do any of those things? or I can still have the the judgment register and the writ filed and enforced? thank you so much, I cant believe this man he was not even licensed and the judge still was on his isde, the judge even came to my house and humilliated me , because he wanted to see the floor himself and after seeing them and the damages only awarded me 1100 out of 3,780 which was the amiunt of the law suit it was the worse experience I ever had, and now the unlicensed business owner shut down his business and declared himself bankrupt to avoid paying.
  • 11-11-2008, 06:41 PM
    M'sta Mikey
    Re: Owed Money by a Bankrupt Business
    Chapter 7 is personal bankruptcy, since he didn't have a license, he had no legitimate business. In Ch. 7, it's usually a liquidation of all assets; he owes nothing. Of the 1,100 awarded you by the court, whatever you've collected is pretty much all you're going to get.

    However, did the business owner include your debt as part of his relief? If not, then you might be able to file a writ for the unpaid balance but if he has no money, you're not going to collect.

    Other experts here might be able to provide you a little more insight but your best bet would be to consult a bankruptcy attorney, explain your situation and go from there.
  • 11-11-2008, 08:00 PM
    naisa
    Re: Owed Money by a Bankrupt Business
    he has two other business running under another name, but if he filed for that do i still have to record the judgment in the court and still can file for the writ? and even though is the 7 once I register the judgment and expires can I renew it and force it after his bankruptcy is over? or in this case I shoildnt even register the judgment? thanks.
  • 11-12-2008, 09:46 PM
    M'sta Mikey
    Re: Owed Money by a Bankrupt Business
    It all depends on the laws of your state with regards to renewing and writ's. We don't know the entire situation so it's impossible for us to 'guess' as to what rights you have or don't have.

    Contact a bankruptcy attorney in your state, explain your situation, and see what he/she says regarding your situation.
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