Creditor question

[jange]

Last March, Chase sued us for non payment on 2 credit cards, total $14,000. it took 6 months before the October hearing and in Sept we started looking at bankruptcy. My husband went to the hearing with our 1st attorney and we actually won the case.
We did file ch 13 in January. Our 341 is the end of March. I had to include Chase and also included the award in our favor.
Now looking at PACER I see they filed a claim for the $14,000. Can they do that since they lost at the hearing? Does the trustee ever throw claims out?
90K unsecured debt
current on mortgage and no car payments.

[lrprn]

Last March, Chase sued us for non payment on 2 credit cards, total $14,000. it took 6 months before the October hearing and in Sept we started looking at bankruptcy. My husband went to the hearing with our 1st attorney and we actually won the case.
We did file ch 13 in January. Our 341 is the end of March. I had to include Chase and also included the award in our favor.

Now looking at PACER I see they filed a claim for the $14,000. Can they do that since they lost at the hearing? Does the trustee ever throw claims out?

Jange, it looks like Chase filed for the original $14K you owed them before the judgment hearing happened.

When you won your case in court, what exactly did you win? Did the court decision deny the intended garnishment Chase wanted but left the original debt in place? Or was the $14K you originally owed Chase wiped out as well?

[jange]

The hearing in october 09, was with the 1st Judicial District of PA and for the judgement. Chase Bk vs my husband. The report and award of Arbitrators, just says "we find in favor of the defandant against the plaintiff". According to my 1st attorney, we won and the case went away and Chase never refiled. My bk attorney listed Chase and the lawsuit but then included that the court found in our favor. So wouldn't that mean that they cannot file a claim now?

[BKDefender]

jange: The answer still is 'It depends'. It depends on what Chase was asking for and what your husband 'won'. If Chase filed a Motion for Summary Judgment and your husband was able to show there were questions of material fact so a MSJ was improper at that time, then it's not really a 'win' but more of stopping them from winning so early in the case. If the judge dismissed Chase's case for failure to state a claim or being unable to prove that your husband actually owed the debt then that would be different.

Your BK attorney should object to chase's Proof of Claim and in support of that objection the attorney can provide the court decision showing that chase was unable to prove that your husband even owed them the debt (assuming that was the outcome.)

So "It depends" is still the answer.

--William

[jange]

The document that we got isn't really specific, except to say that they found in the defendants favor and we didn't hear anymore after that. Our 1st attorney said they had 30 days to appeal, but as far as we know they never did, so I am assuming the matter was closed. I was not at the hearing, but from what my husband & our lawyer told me they didn't prove their case.
I assumed that if they had won, then the judgement would have gone against us for the $14k I will ask my BK attorney and I'm sure he will address it, probably at the 341 meeting, I was just really surprised that they would put in a claim.