Can a business add a small claims judgement to an existing bankruptcy?

A small claims judgement was entered 2 motnhs after the bankruptvy was filed.

Asked on July 18, 2012 under Bankruptcy Law, California


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

The question depends upon several factors.>  Did you know of the potential claim when the petition was filed?  Was it list5ed?  Did the cause of action exist before you filed?  were you served with summons before you filed?

If  the debt existed prior to filing, you must file an amendment to the statement of financial affairs, schedule F, amd the summary of debts.  Depending upon lical rules, you may be charged an amendment fee.  FILE the amendments, ASAP.

Finally, I would advise that you send the notice of commencement of case to the creditor soon as they may have not received notice but actual notice may protect you.  Too many unanswered questions to give a definite response.

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