Eldridge, CA Bankruptcy Law Firms & Lawyers

If the debt would have been dischargeable if you had listed it and there was no fraud in incurring the debt and there were no assets from which to pay the debt is considered discharged.

Without telling me the balance due on the deed of trust, it is impossible to answer. However, I will assume that because you said it was your retirement that it is at lease $100,000. If that is so, you should not file chapter 7 as the trustee will take the asset from you to satisfy creditors.

Your judgment is included in the bankruptcy discharge regardless of whether or not he listed you, if it was a No-Asset Chapter 7 case (meaning that no assets were disbursed by the Trustee). However, if in fact you did not receive notice, and there is evidence of that in the petition itself (e.g. you were listed, but with an incorrect address, or not listed at all), then you MIGHT be able to seek to reopen the bankruptcy case so you can file an action against him to render the debt he owes you non-dischargeable.  That requires going through a trial, but if you have a solid fraud judgment against him and the state court made specific findings of fraud, then it should be fairly easy to get a non-dischargeability judgment against him which would then allow you to continue (or commence) collection actions against him. The big hurdle you may face is getting the bankruptcy court to agree to reopen the case 5 years later.  I've never researched that issue, but I think if you can prove erroneous notice in the bankruptcy case and an explanation for why it took you this long to find out about it, you have a chance.