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  1. #1
    Join Date
    Sep 2009
    Posts
    4

    Default Suits Against Business With Pending Chapter 7 Bankruptcy

    My question involves bankruptcy in the state of: NY

    I have 2 different suits against a business. I received a judgment for one suit and the business agreed to make payment within 30 days to me. My other suit has been filed and has a court date scheduled over 1 month away. During the hearing, the business indicated they have filed for Chapter 7. They said they didn't receive confirmation yet (a file number I think they were waiting for).

    My questions are
    A) Will my current judgment fall under the Chapter 7 and
    B) How will the Chapter 7 effect my second suit? Can I still bring the matter for court if they receive confirmation of the bankruptcy before my hearing?

    Thank you for any help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suits Against Business With Pending Chapter 7 Bankruptcy

    Right now, you're likely governed by the automatic stay - that is, you can't continue with your lawsuit until the stay is lifted. You can make a claim for your existing judgment with the bankruptcy court, and have a number of choices with the other judgment, including trying to resolve the matter through an adversary hearing in the bankruptcy court or seeking relief from the stay so you can litigate in the court where the case is already pending.

    We have no way of telling you if your claims are dischargeable in bankruptcy, or if the company will have enough (or any) money with which to pay you after payments are made to creditors who have priority.

  3. #3
    Join Date
    Sep 2009
    Posts
    4

    Default Re: Suits Against Business With Pending Chapter 7 Bankruptcy

    Thank you for your response. I just have more and more questions now because it is so much more complicated than I initially thought. I was reading on the forums and see that I have another issue because I can prove fraud. I'm aware that I may never recuperate my full loses no matter what the outcome. The actions in the cases are so despicable. Even having it sit there for 20 years as a reminder as to what horrible human beings you are is at least some consolation for me. I will have to consult with an attorney to see what the cost of pursuing this will be vs. the peace of mind I am seeking.

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