Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

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Need some advice (Adversary Proceeding)

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  • Need some advice (Adversary Proceeding)


    I'm in need of advice, help and opinion on my case. I filed for bankruptcy on April 6, 2010. All the paper works has been completed and submitted to my attorney. I'm currently waiting for the 341 meeting. I was informed by one of my creditor that the amount I owed them is not dischargeable in a chapter 7 bk. My attorney and online research suggested it as well. But filling my bankruptcy papers I needed to inlcuded everything. I had a fraud default judgement on me for $24000. One of the reason I got a default judgement is that I'm not aware of what action to do when I get a summon from the court which is also out of state that made it more difficult for me to understand what to do. One of my mistake is not consulting with a lawyer, two I actually did reply but only to the lawyer of my creditor. I was not aware that I also need to send my reply to the court. First of all I'm an identity theft victim. I had no knowledge of this issue. The original creditor never contacted me that I owe money. Second this financial company did not even appear on my credit report. The only time I was contacted was a summon that was sent to me. Thru the years fighting identity theft has been difficult. I have learned that its not what you know but its whats on paper that is important. Talking to the creditors attorney they have all my email address, ssn, Drivers lic etc, but this is very common with Identity theft.

    My bank has been levied for 10k. Before I filled for bk, my creditors attorney would like to settle for 15k (If I accept this I would only owe them 5k). Im pretty sure that they will file and adversary lawsuit agains me. My first question is what would I do with th advesary proceeding? Two, would it hurt the settlement they ask me? three do I have a chance of winning an advesary proceeding because of the mistake I made by not contacting the court? four, should I just settle the 5k and maybe ask for a monthly payment on this? Filling bk has affected my health, work, and relationship. Do I just settle this just to get over with?

  • #2
    You are the victim of identity theft?

    That debt is dischargeable in BK. The creditor that told you that debt that can not be discharged due to fraud has it backward. You most certainly can discharge debt that you did not incur. The fact that they have a judgment against you means your attorney needs to do one more step to get rid of the judgment. Based on what you have shared with us, the likelihood of an AP is slim to none in your case.

    When I was filing - there were a couple of creditors that also offered that kind of "advice"! Ignore the creditors. Talk to your attorney. Get your fresh start.

    BTW, what did your attorney say when you told him what this creditor is claiming? I hope you are using your own BK attorney to file.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..


    • #3
      Even if the fraud judgement has been issued already?


      • #4
        Was this debt due to identity theft? If it was identity theft you should be talking to your attorney about fighting the complaint in the bankruptcy court and then going back to the local court to have the judgment vacated.

        There's something wrong.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


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