Hello,
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?
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?
Bankruptcy Wizard
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