What happens when you declare bankruptcy….?
….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?
Thanks in advance 
Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.
Ps. The jurisdicton is NSW, Australia.
In America, you place liens on their assets and properties. Winning the case gives you that ability.
However, placing liens means almost nothing. Because you only get paid if the assets get sold and since those assets are in bankruptcy court, a judge decides who gets what, who is in line first, etc.
Generally speaking banks are at the head of the line, people like you are at the back of the line. You might get a few pennies from the process.
And no, you can’t garnish future wages. It doesn’t work that way in America. That’s why bankruptcy is a classic tactic to avoid debts in America.
June 4th, 2010 at 2:15 pmI would visit http://diylegalinfo.com/bankruptcy_Links.html They have a lot of good information on bankruptcy questions.
June 4th, 2010 at 2:15 pm