Judgment and Creditors Meeting

[queenbee]

My husband is filing Emergency CH7 I am not. Long Story Short....Old LL won Judgment tried garnishing husbands wages I stopped that w/ debtor's answer. She then filed a objection (and did not send me a copy), informed them all along he was filing CH7, filled out all financial papers for them and judge, we have 6 kids and he pays $600/mo for CS so there is nothing to garnish. I have proven this time and again. BUT I did read on here that they will not get a proof of claim for a "no asset" filing which we are, we have NO ASSETS at all,BUT they are insistent on going to the creditors meeting why who knows...she is trying to get me for lying verbally to her that he was not working where he is...I never put it on paper and we did not do it out of malice we are private people and we have a privacy protection order so we don't give info out.All legal documents were filed correctly and honestly, we do have attorney but they are just so damn insistent on collecting are we going to have an issue? We DO NOT want them to be non discharged debt. I will not be at the meeting and I am the one who has been back and forth with them court and phone etc. We live in marital assets state so they will get nothing and they know this, she is not giving me the paper work she is submitting to court so I have no clue what she is trying to pull. So is that correct they get no proof of claim and they can still badger him and his attorney at the creditors meeting? thanks for any insight.

[justbroke]

The only reason why a judgment creditor would go to the Meeting of Creditors, is to basically depose you under oath. This is generally the one "free" time that a Creditor can depose (ask questions) you while you are under oath. They will usually do this if they believe that there is fraud and they want to go on notice with the Trustee.

To be non-dischargeable, they'd still have to file an Adversary Proceeding (AP, and aka complaint) alleging something which would make the debt non-dischargeable (of which I believe there are only three reasons in the Bankruptcy Code). One of those reasons, is outright fraud, but that's one of the hardest to prove. If the debt is not large (I'd say over $5,000) then it makes no sense for them to file the complaint. Filing and litigating a complaint (AP) is very expensive.

This may all be posturing and nothing more than showboating. However, they do have the right to file a non-dischargeability complaint. I will caveat all this with the fact that some debts are automatically non-dischargeable and don't need to have a complaint filed to keep them from being discharged (like student loans, child support, other domestic orders, fines and penalties, etc).

Don't worry about the "proof of claim" thing. Even though it's non-asset, there is the non-dischargeability path (via the complaint process). The key will be just what this debt is, and what the amount of debt it is.

What's an "Old LL"?

[MomIcantFindmy]

Ok I am really confused by your post. First if your husband is filing and you are not and you made a verbal lie, how would that come out in court? You are not under oath. Second, what is the Judgment for? If it is for child support that is not discharged in BK.

If you have a protection order your attorney should be able to ask the judge to honor that. However if they are a creditor then they can ask you certain questions at the creditors meeting. The judge will not allow them to "badger" you. What does your attorney say?

Thanks for asking what a "Old LL" is Justbroke....I have no idea either!

[queenbee]

Old Landlord and the debt is $1900

[justbroke]

Old Landlord and the debt is $1900

No problem. You are fine. I don't think you'll have any problem discharging that debt at all!

Best wishes!

[queenbee]

Ok I am really confused by your post. First if your husband is filing and you are not and you made a verbal lie, how would that come out in court? You are not under oath. Second, what is the Judgment for? If it is for child support that is not discharged in BK.

If you have a protection order your attorney should be able to ask the judge to honor that. However if they are a creditor then they can ask you certain questions at the creditors meeting. The judge will not allow them to "badger" you. What does your attorney say?

The attorney said let them keep harassing you its going to cost them. It actually wasn't a lie we thought he was getting laid off and he did not. It is for half of the rent when we moved out, and carpet cleaning stuff like that.

[justbroke]

The attorney said let them keep harassing you its going to cost them. It actually wasn't a lie we thought he was getting laid off and he did not. It is for half of the rent when we moved out, and carpet cleaning stuff like that.

Your lawyer is right. That debt is absolutely 100% dischargeable. Just go to the 341 Meeting and smile, knowing that there really is nothing the "Old LL" can do. Be honest, and don't use personal attacks. (Your lawyer will tell you how you respond to questions, but it's basically short concise answers, like "yes" or "no". And, even if you must elaborate, you answer with a single sentence and only answer the question posed.) I still see no issue here!

If the Old LL keeps contacting you and bothering you after having received notice of the Bankruptcy... your lawyer will pounce on them, and they will get rebuked by the Court and sanctioned. This sanctioning will also include monetary penalties including your lawyer fees.

[queenbee]

Awesome and thanks for the quick responses. They just worry us. Especially with having so many kids to feed and support, but they are still trying to garnish. His hours were cut also, so I dunno just annoying I am sick of having to run back and forth to the court house submitting paperwork trying to one step ahead...that is why he got an attorney, I don't want to deal with them anymore.

[jessegirl]

Awesome and thanks for the quick responses. They just worry us. Especially with having so many kids to feed and support, but they are still trying to garnish. His hours were cut also, so I dunno just annoying I am sick of having to run back and forth to the court house submitting paperwork trying to one step ahead...that is why he got an attorney, I don't want to deal with them anymore.

You will be fine. Let them keep harrassing you. I will cost them and in the end they will owe you. Some people think they are above the law and think they can do whatever. Just note everything that she is doing and if you can and she calls your house record it, so you have prove. Never talk to them....Cause they could record you and you don't want to say anything they can use against you. Just know in the back o your mind, whenever she bothers you, its going to cost her.....

[queenbee]

it is illegal in our state to record conversations...i think she does record them now but shes an idiot, they are not admissible in a court of law and we are a two party state. With that said if she leaves a voice mail that is different, that I can use in court because you know it is recorded and your doing it of free will. no permission is needed, to record a conversation you need the other persons permission and also have a waver signed.