Expert: Terry Leeders - 1/22/2008

Question
I recently sued someone for causing a lot of trouble for me resulting in me being arrested. I won the case, now he filing for bankruptcy. He has included me as a creditor. Does that mean he'll get out of paying me?

Answer
Not necessarily.  If he is doing chapter 13, then you can file a claim and receive a portion of the payout by the trustee from the monthly payments he is making.  If he filed chapter 7, you should meet with your attorney to see if you have the ability to file an adversary against him to object to the discharge of the debt.  There are several categories of debts that are non-dischargeable- fraud, intentional torts, etc. So perhaps your claim may fall into one of the non-dischargeable categories.  Your time to object is limited, so seek out counsel as soon as possible.