One of my creditors said I slandered them on a public forum. I didn't, I am not stupid! Anyways, he emailed me a very threatening email saying he sent it to his lawyer and that can pretty much over rule my bk and I would owe him the money. We are scheduled to be discharged next week. So should I be worried or is he just trying to scare me? I just get stressed out easily. I should have sued him a while ago but decided not to. I bought something from him for my business that we had to put more money into because it was a pos. He would not return calls and I have people to back me up that I don't even personally know that I have talked to regarding all of the problems that I had. He is partially the reason we had to file in the first place. So again, anything to worry about or since he didn't motion to lift stay it will be discharged in a week?
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Hummm, anyone can sue anyone for anything at anytime.
Having said that - he would have to have a case with merit in order to win. Sounds like he is trying to scare you - how in the world can he override the BK???
You might want to check with your attorney - but he probably is just trying to get your goat.
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.. -
He would have to go through the proper BK procedure to object to your discharge. File an AP in BK court timely ( before the 60 day time bar) and then a judge would have to rule. If he did this, it would only affect that specific debt, not your other debt.
Slander is not a reason to determine a debt non dischargable.
I suppose if he waited until you were discharged and then filed a civil suit, he might be able to get it in front of a judge, but he would probably have a hell of a time trying to prove slander in a forum and it would most likely cost a lot of money, including trying to get the forum provider to release records ( which they don't like to do cause of First Ammendment issues/protection), subpeonas, etc. Sounds like a disgruntled creditor just pissed off.Comment
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Oh dingdong you are so much more eloquent than I am!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..Comment
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Aaaah, Startingover,
You are making me blush!
Thanks for that!
DDComment
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Plus, he can't sue you for Slander ( spoken), he would have to sue you for Libel (written)/Defamation, so the guy ( creditor) obviously doesn't know what he is talking about.Comment
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Thanks for making me feel better! I didn't think I had anything to worry about. He would owe me far more then I would owe him anyhow!!Comment
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Out of curiosity, how could he know it was "you" saying such, and themselves being "themselves" if it was a "public forum" such as this BKForum?
I'm sort of hoping creditors do not overly try to use this forum to try to figure out who is who!!!Comment
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