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Totally bad day, need help deciding if I should include this in filing

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    Totally bad day, need help deciding if I should include this in filing

    Ok,
    So I went to the bank to withdraw the last of my money so that I could pay the attorney to file later this week and when I got to my car at the bank this guy blocks me in and approaches the car.
    If he wasn't so old I would have thought he was there to rob me. No, he wasn't going to rob me but he may as well have. He claimed that I hit his car. I didn't hit it and I suspect he is trying to get his car fixed on someone else's dime. Police came and report was filed but no citation was issued to me, the officer just said that it was an issue for the insurance companies to work out since I did have a scratch in an area that would have been where my car could have hit him there is reason to believe that I could have done it. One scratch caused by my son's bike. And the scratch is tiny, not capable of making all the damage that his car had.
    Anyway, I don't know exactly how our insurance deals with things since I have never been accused of being the cause of an accident but my husband thinks that we should include this guy in our filing in the event he comes after us for damages to his vehicle.
    The officer listed the damages to his car to be about $400. Would it be possible to include him without knowing if he is going to come after us ? If we included him he would then be able to come to our 341 and I worry if he is crazy enough to try to pin damages on me and I didn't have anything to do with it he might be crazy enough to try to mess with our bk. Is there anything to worry about if he were to come to the meeting, could he do anything to mess things up ? What would he have the right to do?
    What do you think, should I include him ? If so, is there anything else I need other than his name and address. I mean do I have to have a dollar amount to include him?
    Thanks everyone. I was having a bad enough week just getting ready to file and then this. Ugh.
    Southern District of Florida
    Filed Ch 7 - 8/6/09 341 - 9/14/09
    Report of No Distribution - 9/18/09
    DISCHARGE ! 11/23/09 Closed 12/8/09

    #2
    Yes, put him in your schedules. It is far better to be proactive at this and have him listed and the amount discharged. This too shall pass.....
    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


      #3
      Definitely include it!
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

      Comment


        #4
        Originally posted by aces67 View Post
        Definitely include it!
        Can he mess with me at the 341? any reason that I should be concerned?
        Southern District of Florida
        Filed Ch 7 - 8/6/09 341 - 9/14/09
        Report of No Distribution - 9/18/09
        DISCHARGE ! 11/23/09 Closed 12/8/09

        Comment


          #5
          yes, include it. he'd have to claim you were drunk driving to make it non-dischargeable, and the police report doesn't say anything about it, so you should be perfectly fine. he'll just find another victim to pin this on.
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

          Comment

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