If someone owes me $8000 but they filed for bankruptcy and listed me for only $4500, can I sue them in small claims for the difference?

Their bankruptcy has been discharged.

Asked on May 18, 2012 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have been listed as a creditor with respect to a person's bankruptcy and that person's debts have been discharged in the bankruptcy proceeding, it does not matter if the amount owed you was listed at $4,500 or $8,000, the end result is the same.

You are legally barred from suing the person who filed for bankruptcy protection in any court, let alone small claims.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.