Won judgement in small claims court..defendant files bankruptcy

[trueheart]

What is the name of your state?What is the name of your state? California - Los Angeles County.

Greetings,

I filed a small claims case on September 26th against a gentleman who used to rent a garage from me. Not only did he not pay rent for over a year, he had sub-leased it to a friend of his so they could split the cost.

After some investigating, not only is the guy not paying rent to me, but he was also pocketing the other half of the rent that his friend was giving him.

We had to appear in court on October 27th. He never showed up. The judgement went in my favor and they gave me the court order right there. Once I got home, I had a letter from the US Bankruptcy court stating he filed Chapter 7 on October 15th. It also said that I could attend the "meeting of creditors" although is was not mandatory.

If I filed the lawsuit before he filed bankruptcy, does that give me any leverage? I want to file a proof of claim, but it says "please do not file a POC unless you receive a notice to do so." FYI- judgement is for $2900.

This loop-hole baffles me, to say the least. Any/all advice would be appreciated. Many thanks

All the best,
Trueheart

[debtcollector`]

Attend the meeting and get in line.

DC

[Chien]

Also recognize that you cannot enforce your judgement while the bankruptcy is pending (or afterward, probably). You were told that in the notice that you received. Don't spend more money or try to enforce until you know the results of the bankruptcy.

[trueheart]

Just wanted to thank you both for sharing your expertise.

Would he be able to dispute the amount owed? The $2900 does not include any late fees and/or court fees. I have plenty of documentation to justify the minimal dollar amount I am-or thought I was-entitled to.

Trueheart

[Chien]

There are procedures that a petitioner or the trustee could use to challenge a creditor's claim, but that looks to be unlikely in this case. The debtor/petitioner is asking for a Ch. 7 discharge and it is presently a "no asset" case. He just wants to walk away from all that he can, and one of them will be your judgment.

[trueheart]

Unbelievable....God Bless America.

I appreciate your help - thanks again.