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.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Adversary Proceeding Questions (pretty unusual case)

  • Filter
  • Time
  • Show
Clear All
new posts

  • Adversary Proceeding Questions (pretty unusual case)

    I filed a Chapter 7 back in 2009, but one of my creditors was not included in the original petition. This was an asset case (about 14k) and the proof of claim deadline was May 17th. I have since received a discharge. Long story short, the creditor was not added until after the proof of claim deadline, and now they have brought an adversary proceeding claiming exception to the discharge under 523(a)(3).

    I need to know if there is any deadline to file an adversary proceeding in a case like this and what happens after I file an answer to the complaint??

    Any advice is very much appreciated!

  • #2
    Did an attorney prepare and file your case? If so, you need to get with that person ASAP.

    I have been researching the Internet, and so far everything I have found deals with NO Asset cases. There is next to nothing--if anything--that I have found so far that deals with Asset cases. Though certainly there has to be something out there.

    With that said, we were an Asset Ch7, and filed 12/28/2007. The trustee made the determination that we were an Asset case in March 2008--our 341 was Feb 7, 2008. At that time, an additional 30 days was added to allow for the creditors to file their objections. I have read of others on this forum, with Asset cases, being extended for even longer periods of time. My question is, why your trustee did not do the same in your case, once this forgotten creditor was added to your schedules? That is something you need to ask your attorney. Or, if you can add some more information to help the members form their answers, that would be great.

    In any event, Welcome to the forum.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."


    • #3
      The only time that a creditor, in an asset case, could be deemed harmed is if they were not entitled to distribution from the Trustee. The key problem is that they were not entitled to distribution because a.) they weren't Scheduled, and b.) the claim bar date has passed.

      Unfortunately, that means that their debt is non-dischargeable! They are filing an Adversary Proceeding (AP) just to make sure that they can treat the debt as non-dischargeable, and they are highly likely to win.

      Were you represented by an attorney? If so, you really need to contact them and pay them to deal with this. It is highly likely that you will need to stipulate to a settlement to make it go away. You'll probably be out your attorney fees, plus their attorney fees, plus a modest settlement amount. What the offer would be is unknown, but they have a good case. Your attorney "could" argue with their attorney that if they had received a distribution from the Trustee, it would have only been X% of that $14K. So, that's a starting point.

      I see problems here. Unless you can prove that the Creditor had knowledge, then the debt is, more than likely, nondischargeable. This does not mean that the Creditor needed to receive a letter or fax or e-mail. It only means "constructive" notice, which could mean that you told them on the phone or they subscribe to a notification system for bankruptcies. Short of that, if they didn't have constructive or actual notice... this seems like a slam dunk for them.

      On your procedure question asking whether there is a deadline to file this type of complaint? Yes there is, but I'd say no for this particular case. The reason is because they never had notice of the case. Now, if they had notice of the case before the bar date to file a Dischargeability Complaint (60 days after the first scheduled 341 Meeting), then they may be precluded from filing a complaint. However, 11 USC 523 is pretty clear that a complaint is not required when you fail to notice (and schedule) a creditor in time for them to file a claim before the claims bar date has expired.

      I think they are filing the Complaint and starting an AP for two reasons. First, to ask the Court to make a declaratory ruling that the debt wasn't discharged. Second, to put you on notice that they have you dead to rights, and to probably work out a settlement, in their favor.

      Oh, and this is not that unusual. Unfortunately, it happens all the time. However, many creditors aren't too savvy. I'm wondering if this debt was purchased and it's a Junk Debt Buyer (JDB) pursuing the debt.
      Last edited by justbroke; 01-12-2011, 07:17 PM.
      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.


      Unconfigured Ad Widget