Dubuque, IA asked in Bankruptcy and Small Claims for Iowa

Q: Can someone use bankruptcy against me for a small claims settlement due to damage of my home?

A family member I'm in the process of filling a small claims suite against caused thousads of dollars worth of damage to my home. Could this person use bankruptcy to get out of paying a settlement if it's ruled in my favor?

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Unless Iowa is very different than most states, you cannot bring an action seeking "thousands of dollars" in a small claims court. Your important question about the bankruptcy cutting you off should be asked to and answered by a bankruptcy lawyer in your area.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. If they file bankruptcy you are likely barred from collecting that debt.

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