Won small claims, def sold house,$ in escrow 4 chap 13,intentional tort

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?

Before you try to assert your claim in the bankruptcy court, was the cause of action (original claim) before or after the bankruptcy filing?? If after, then it is exempt from the bankruptcy filing.

If the claim actually does fall under the filing, unless you have a fair amount of legal experience, you will likely need the services of a creditors attorney.

The charter 13 was filed approx. 3 years ago and he has been making payments since. The incident happened in April, 2006 and I filed at the end of November. I received a default judgement on Dec 4th. I was advised by a bankruptcy attorney that because it was an attack of intentional tort that my debt cant be included in the bankruptcy as long as I prove to the bankruptcy that it was intentional. It was a one time convo with the lawer and he hasent returned my calls since, understandably so, as I am not paying him.

jillcbu said:

The charter 13 was filed approx. 3 years ago and he has been making payments since. The incident happened in April, 2006 and I filed at the end of November.

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Since the cause of action (original claim) and subsequent judgment was AFTER he filed for bankruptcy it is NOT included or protected by the bankruptcy case.
Go after the judgment. The previous bankruptcy has nothing to do with it.

He sold the house and has $115,000 in an escrow. I am assuming that is sitting there for the trustee to determine which creditors receive whatever amount is determined. He tells me that the 115k is all his and his soon to be ex wife and that he plans on filing an emergency petition for the Homestead interest in real estate. He also has said he plans on converting to a chapter 7 soon (after he aquires assets in the escrow. Makes no sense to me as that sounds like bankruptcy fraud) He is a known liar so it's hard to determine what is truth and what is an attempt to imtimdate me to back off. The man had 3 more years of Chapt. 13 payments to make prior to sale of the house. He closed the doors to his business and has all of his bank acounts closeed due to insufficient funds . Am I able to place a levy on the funds in the escrow? It's my only chance to get paid. he will never work for another company as he has always been self employed and the banks wont accept him due to bad checks as he has made no effort to rectify the issues with the bank. I am so greatful for your help as I am sitting on month 8 w/out transportation, live in a small town with scarce public transportation and am not able to continue my mortgage career which requires constant travel and networking. It's very overwhelming, he's controlling. Thanks again. I apologize for my ignorance in this subject. Aslo, any fincancial disclosure will not be accurate as he has sold off thousands in inventory from his business for all cash transactions.