Quote:
Originally Posted by Chuck33079
How does a bankruptcy filing affect a small claims lawsuit in CA? Does that move you higher on the list of creditors?
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From what I understand in California, a bankruptcy filing discharges debts that are previously owed, unless the debt in question was fraudlent (which I believe this is the case), and was obtained with a false pretense.
From the US Code - Section 523 - Exemptions to Discharge (in terms of bankruptcy):
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt.....
(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by - (A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition.
I'm going to be speaking to a friend of mine who is an attorney to get more information, but I believe I have a case. Also, I am unsure of how that bankruptcy filing worked out - they filed under a different name.