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Filing for non dis-chargeable chapter 13 debt

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    Filing for non dis-chargeable chapter 13 debt

    I received a judgement for $9,200 against a home contractor that did not finish the work I paid him for and also did very poor quality work for the work that he did do. He filed for chapter 13 the day after I filed the judgement and he has secured debtors taking up most of his repayment money in his ch13 plan. I am wondering if I can file for non dis-chargeable debt for all or part of the $9,200 because he did not finish the work I paid him for so that could be considered theft, which is non dis-chargeable. Anyone have a similar experience if it might be worth my time and a filing fee to show the debts should not be dis-charged?

    #2
    I am in no way an expert on contractors who file BK nor have I had that experience of having a contractor as a creditor in my BK or having a paid a contractor who did not finish work, but I'm going to throw my thoughts on the digital wall and see what sticks. You can always file a proof of claim with the BK court and if the contractor doesn't think they owe you anything, they can always file an objection with the court, then the trustee and the judge get involved. Maybe this involves you initiating an adversarial proceeding where you need to argue that the contractor filed his BK intended to defraud you or performed in bad faith. Its not PA but this webpage can shed some light on your situation and what can occur or needs to be done on your part. Good Luck!
    Filed Ch 13 November 2013, discharged March 2019
    Credit Karma FICO scores 2 months post-discharge:
    718 Trans Union/732 Equifax

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      #3
      Originally posted by hays87 View Post
      I received a judgement for $9,200 against a home contractor that did not finish the work I paid him for and also did very poor quality work for the work that he did do. He filed for chapter 13 the day after I filed the judgement and he has secured debtors taking up most of his repayment money in his ch13 plan. I am wondering if I can file for non dis-chargeable debt for all or part of the $9,200 because he did not finish the work I paid him for so that could be considered theft, which is non dis-chargeable. Anyone have a similar experience if it might be worth my time and a filing fee to show the debts should not be dis-charged?
      I don't know if you can file a complaint to determine non-dischargeability on that amount. You would likely need to prove outright fraud. Complaints (adversary proceedings -- AP) in bankruptcy are mini-lawsuits and follow a very rigid process not unlike a complaint in a non-small claim court.

      You would have to prove that never intended to do the job. You would have to prove theft, which is a high bar. You say that he started, so that is in his favor. It seems that the person had other debt and it just finally caught up to them. Your judgement was, probably, the final nail in the coffin (pun intended).

      It reads as though the contractor filed a personal Chapter 13 to remove their personal liability. Do you know if the company is incorporated or an LLC?
      Last edited by justbroke; 03-09-2019, 11:41 AM. Reason: updated
      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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