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If the debt is included in the bankruptcy, the only option is to petition for the stay to be lifted. This is seldom granted unless it is secured property, or there are mitigating circumstances.

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19y ago
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13y ago

Unless you were defrauded by the defendant or you are a secured creditor, then you would not be able to collect any monies owed, the amount owed will be discharged in the BK (i.e. you cannot force him to pay you).

Above is correct except regularly NOT all of all debts are discharged in a BK. Secured debts may have the secured asset sold and the proceeds given to the creditor.

Many debtors in fact have assets that are used to pay creditors, albeit the percent you may get paid is generally well under all that is owed. The court decides and informs you how much, if any, of the debt you will receive (and when).

Of course, you had to file the required "proof of claim" forms with the court, by the required date, and answer any questions it may have had (generally providing support for your claim) to even be part of the distribution of assets.

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Q: How do you collect from a person who has declared bankruptcy?
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