small claims court and bankruptcy

Posted on Tuesday, March 27, 2007

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Can someone declare bankrupcy while being sued in Small Claims Court? If they do are they cleared from the damages. I ask because my husband and I are suing a company and the owner personally for damages of over $6000 and rumor has it that this person may be filing for bankruptcy. If they do will they still need to pay us the amount or will they get away without paying us?

Filed under: Bankruptcy
 posted by Questions @ 9:56 pm
1 Expert Comment:

 At April 2, 2007 | 11:45 am , Barton Goth, GCO, Bankruptcy Trustees Said...

As long as the court case doesn’t fall into the list of debts that you are not released from by filing a bankruptcy then even if you successfully obtain a judgment the debt would be cleared by the filing of a bankruptcy.

For more information on what debts cannot be cleared you should contact a local trustee.

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