Expert: Terry Leeders - 10/1/2007

Question
Hi I'm having a real problem with the fact, I got a judgement after a trial. within just days the people claimed bankruptcy. I know that by law they can do this. But the people hired bankruptcy attorneys before the trial. This appears to be a 1 creditor bankruptcy. Their attorneys sent all notices to an old address they knew I no longer lived at and had not in 1 1/2 yrs. The trustee found a presumption of abuse. They were still their bankruptcy and I learned all this after the fact because I never got notice. This is not a case of poor innocent people. I feel I've been had. Without my judgement they could have never come close to being able to file. By what they testified in court to,as far as assets. I still don't know how they did it. Is all this legal??? Is there anything more I can do??        Laurie

Answer
Hi Laurie.
Unfortunately, the bankruptcy protection is pretty significant.  You need to wait to see if the trustee finds assets (if it is a chapter 7). Unfortunately, unless their was some fraud involved, or the debt was nondischargeable, then you need to wait to see if the trustee administers assets.  IF the case is converted to Chapter13 because of the presumption (which can be overcome) then you can file a claim to recover a % of what is owed to you.