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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 07-18-2001, 08:10 AM
csfarber
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I recently won a court judgement versus a contractor in the State of New Jersey. I had a contract with the defendants corporation & I sued both the corporation and the owner as an individual. I claimed the defendant committed fraud and therefore even though my contract was with a corporation, I had a personal claim against the owner. The judgment was awarded against both the corporation and the owner.

The corporation is out of business and the owner is about to declare bankruptcy (Chapter 7). Title 11, Section 523-2a of the US bankrupcy Code states a debt cannot be discharged in bankruptcy if it was obtained due to fraud. Does my situation fall under this category. If it does, do I have to prove fraud to the bankruptcy judge judge or does the judgment received in Superior Court suffice. (Although I made a claim of fraud and won the judgment, I do not think there is ever any official finding of fraud)
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Old 07-18-2001, 08:45 AM
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Join Date: May 2001
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As a creditor, you can challenge the bk at the 341 hearing. I'd run your problem by a lawyer and see if they think you have a case.
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