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

Answers:

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.


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