
01-26-2006, 03:16 PM
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Junior Member
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Join Date: Jan 2006
Posts: 1
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CHAPTER 7 CREDITOR-Help...
I am from Tennessee. I have been reading up on some of the bankruptcy forums and would like some help. The situation is as follows:
I had an accident in which my car was damaged around $4000 worth. I took it to a shop in which the man had his business license to repair cars. He wrote me an estimate of $1500 to repair the vehicle. I turned it in along with other shops in my area. My insurance company wrote me a check for around $3500 in which his name as well as mine was on the check. I stupidly signed the check and handed it to him for his materials and time, etc.. In which he was suppose to produce the remainder of the balance. I know this sounds kind of like fraud, but I had no influence on what amount the insurance company cut me. I took the man to small claims court and won over $4000, due to the man messed my car up worse than it already was and it needed to be repaired again. He had 10 days to pay me or I could garnish his property. I waited 10 days and no response, so I signed a writ of garnishment. His property was garnished and held at the local authorities for sale. During this time period he filed Chapter 7 bankruptcy and his property was returned. He listed me on his unsecured creditor list and went through the bankruptcy process. I know that this debt is currently discharged. But, I also know that I can go back after these funds. I have a still pending judgement against this guy and am pretty sure that this type of debt is not dischargeable. Does anyone have any insight as to what I can do to retain these funds.
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