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?