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  1. #1
    Join Date
    May 2014
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    11

    Default When Does a Bankruptcy Discharge Prevent Enforcement of a Judgment

    My question involves judgment recovery in the State of:California

    Won a small claims case and debtor never sends Debtors statement of assets to me. Filed and served OEX and Subpoena to produce financial records. Went to court today and the Judgement debtor tells the judge that he is in bankruptcy with no proof of bankruptcy and the judge reconvenes for 2 months to give him time to produce the documents to prove his bankruptcy claim. The debtor did file for Chapter 7 in early 2009 and all his debts were discharge 2 months later in 2009. It is now 5/21/2014 when the OEX was scheduled and no OEX happened and no subpoenaed documents were produced. He did claim that he was using this 2009 chapter 7 as his defense.

    I have 2 Questions:
    Can his bankruptcy from 2009 still discharge his debts 5 years later. I won his appeal in 1/2014 and the original judgement in 9/2013?

    Did the judge do the right thing by letting him out of going through the OEX and not showing me the subpoenaed documents?

  2. #2
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    Apr 2009
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    When was the debt actually incurred? Not the judgment - the debt itself.

  3. #3
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    May 2014
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    11

    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Quote Quoting Dogmatique
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    When was the debt actually incurred? Not the judgment - the debt itself.
    04/2013

  4. #4
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    Apr 2009
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    And you're sure he didn't either convert it into a Ch 13, or file a new Ch 7?

  5. #5
    Join Date
    May 2014
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Quote Quoting Dogmatique
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    And you're sure he didn't either convert it into a Ch 13, or file a new Ch 7?
    I am not sure on either of these and he showed zero proof to the court of any Bankruptcy other than his word. I only know of the 2009 Chapter 7 from running a simple background check. There were no other bankruptcies listed.


    I thought you can only file a chapter 7 every 7 years?

  6. #6
    Join Date
    Apr 2009
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    Default Re: Won Judgement and Debtor Uses Old Bankruptcy to Avoid Debtors Exam

    Timing is everything though.

    http://www.nolo.com/legal-encycloped...ile-again.html

    He can file a Ch 13 petition 4 years after the Ch 7 was discharged.

    The court has apparently given him a chance to prove that he's in bk again. If that doesn't happen, THAT is when you can start pushing him.

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