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Small Claims,Intentional tort, Chap 13. Can I still collect

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jillcbu

Junior Member
What is the name of your state? WI
I recently sued the man who intentilonally destroyed my car. He has been in Capt 13 for approx 3 yrs. Closing on house was Nov 30th. It is my understanding that 115,000 is in a trust or escrow (defendant claims 115,000 is all his and he would have acess to Homestead interest in real estate soon, but the balance would take longer to rec) Isnt the money put in the escrow or trust for the creditors to split? I was adviced to file for a relief for the bankruptcy due to the fact that it was intentional tort and I would have to prove the intent to Bankruptcy court. (intentional tort cannot be forvigen in bankruptcy debt) I received default judgement on Dec 4, 2006. What steps do I need to take in order to insure that I get paid. I may be speaking a foreign language in the world of law, but would appreciate any advice,or additional questions that may help in this matter. I can access his divorce files through waukesha county. I cannot acces his bankruptcy through PACER. No bankruptcy lawyers offer help but know that law that I need help to. Any advice?
 


jillcbu

Junior Member
He is converting to a chapter 7. Do I have any rights to that money? Do I call the trustee to file claim?
 

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