Page 192 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

successfully each time. But how to do that is not within the scope of the course.

More on the Forum, though.
On the Forum you’ll find a pleading that was used to oppose a bankruptcy using Rule
523 – for fraud, etc.. Take a look at it. You will see that what you are actually doing is re-

suing the debtor, and now you are the plaintiff. This means that the action will have to be
re-proven, and you will get a new judgment in bankruptcy court.

Obviously you will have to have all the evidence in order to get a Rule 523 judgment.
In some cases the evidence may already have been proven in state court, and you can
simply reassert it in your Rule 523 action. In some cases you may have to prove it yourself.
See #8 under Peter’s Course Files on the Forum for a Sample
Rule 523 action.
REMEMBER, IT’S

Remember, though, that your belief that the debtor committed DIFFICULT TO
fraud may not be provable. Fraud is in the mind of the debtor, so PROVE FRAUD.
you will need evidence that strongly suggests the debtor knew
the action was fraudulent, and that it was intentional. If you can
show that, go for it. Remember too, that bankruptcy courts have local rules as well as
federal rules. Those local rules are online, and you will have to follow them closely.

Peter’s Note:

You have to mount an offensive showing your debtor is a major liar,
or that your judgment is for fraud, misrepresentations, malicious
injury, a marital settlement, etc. Otherwise, your chances of getting
the bankruptcy dismissed are small. If you’re just starting out, it may
be too much of a task. Or, get help from a really good bankruptcy
attorney, hopefully one who will teach you as he or she goes.

Is It Worth the Trouble?

Some judgments you will definitely want to defend in bankruptcy court. Others may be
too small, or the reason for the judgment was a simple breach of contract or something else
that is a legitimate reason for bankruptcy. I would drop those. You’ll have to decide on a
case-by-case basis which ones to defend. The more experience you have, the easier it will
be to know which ones to walk away from and which ones to defend.

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