Has anyone had a creditor dispute their chapter 7?

[ineedout]

Has anyone on this forum had a creditor dispute their chapter 7? I have an old landlord that will not give up!! We've been going back and forth to court for the past 3 years . I have been ordered to have my wages garnished @ 125 per week. I am no longer w/my fiance and I can not afford to continue paying the $125 per week. I was ordered to pay this landlord 10,000, I did not make it to court to fight the case (yes dumb i know)! I have so far paid him 4000, I gave him a settlement offer at an additional 2000 to get rid of the debt and also told him if he didn't take the offer i'd take that 2000 & file for bk. He declined the offer . I filed for the chapter 7, he was notified today but I know he will not just let it go. Does anyone know what will happen if he disputes my chapter 7?

[Kingxray]

Has anyone on this forum had a creditor dispute their chapter 7? I have an old landlord that will not give up!! We've been going back and forth to court for the past 3 years . I have been ordered to have my wages garnished @ 125 per week. I am no longer w/my fiance and I can not afford to continue paying the $125 per week. I was ordered to pay this landlord 10,000, I did not make it to court to fight the case (yes dumb i know)! I have so far paid him 4000, I gave him a settlement offer at an additional 2000 to get rid of the debt and also told him if he didn't take the offer i'd take that 2000 & file for bk. He declined the offer . I filed for the chapter 7, he was notified today but I know he will not just let it go. Does anyone know what will happen if he disputes my chapter 7?

He can file a creditor objection within 60 days. But he would have to prove fraud and some other things to win. Ready the sticky on creditor objections-lots of info there. He can show up to your 341 (meeting of creditors) and ask questions.

My dad is much like your landlord. He would not give up. We paid him a ton of money over the course of 6 years w/interest and still would not settle with us. Eventually he tried to garnish my hubby's wages. That is when we filed Chapter 7. His lawyer showed up at our 341 and grilled us and then he went to the UST. The UST filed a motion to dismiss our case. We dismissed it, redid our numbers, and refiled. His lawyer showed up again and again went to the UST. The UST again filed a motion to dismiss our case. The motion is so lame that we plan to fight it or make a deal with the UST. The 60 day deadline has since passed and he did not file an objection (because he could not win) so now he is out of the picture for good. Now we just have to deal with the UST.

So, in other words, this landlord can cause you some grief in your BK such as my dad did. Without knowing the details, it does not sound like has a good case for an objection. Plus if he objects, it costs somewhere between 4000-8000K to file and defend. If he loses, he has to pay your attorney fees. I wouldn't worry too much about an objection but be prepared for him (or his attorney) to show up at your 341. He does have that right. Good luck.

[DebtEnder]

But as kingxray said he has the right to file an objection and show up at the 341 hearing.

If he contacts you outside those venues he's in contempt of the automatic stay order of Federal bankruptcy court. It's an unsecured debt so there's no point in him asking you to re-affirm it and if you've paid 4k of a 10k 3 year old debt he has no grounds that I can see to dispute the discharge of the debt unless there is some criminal matter involved.

[berrymom35]

We had one AP from the owner of the company that did our security monitoring. When we gave up our house he was on our backs for the back monthly monitoring fees. We told him we were filing and he said he wanted his equipment out of the house and we said fine come and get it...he then said that he refused to pay one of his guys to come and take the equipment out of the house when he was not getting paid for the service...he was a jerk and harrassed us for months until our lawyer finally called him and told him to back off. He was the only creditor to file and objection and he claimed that a certain amount was secured because of the equipment...but in the end he would not pay the fee and could not prove that we refused to give it back...and it was dismissed.

[frogger]

Your former landlord sounds like a jackass that just took it personal. Landlording is a business that has business results. You win some, you lose some.

If there was a 10k debt due to him, it's obvious that he was not good at landlording, because he should have never let you get that deep into debt. Since he did, he takes his own lack of business skills out on you with the harassment.

If your complete financial situation is best served by filing bk, then do it. Let the former landlord pound sand.

[southernbelle]

Your landlord does sound like he is making life miserable and has the right to be at the 341 but he has to prove fraud to be successful. If you've already paid him $4k and made an attempt to settle with him for a reasonable amount, I don't see any fraud here. Let's hope that he won't want to pay the money it takes to fight this thing so that you can finish your BK without any problems.

[ineedout]

Oh he's enjoying making my life miserable.. seems he still wants that control. He made my life miserable when he was my landlord and still proceeds to make my life miserable. I KNOW he is going to dispute the bankruptcy, there is no question in my mind. That being said I do think I have an issue if he disputes. The reason why I left his apartment is he was controlling, he'd show up anytime, tell me I have too many cars in my driveway. He told me I needed to take my a.c. out of the window in (sept.) because he thought it was an eye sore. He knows I left the apartment to move into the house that my boyfriend bought. My boyfriend and I broke up recently so I am now renting from him. We thought it would be easier for me to stay in the house & pay him rent since I had the 3 children. I also split daycare for the youngest child with him. The problem is I do not have any receipts. In April this landlord had a court order to withdraw $2000 from my bank account, since then I've been scared he'd do it again and have been paying almost everything in cash. Does anyone think this will pose a problem at my 341 meeting?

[frogger]

He's not going to be a problem. And if he keeps stalking you after bk, then you can turn the tables and create problems for him.

Good luck.

[AngelinaCatHub]

Oh he's enjoying making my life miserable.. seems he still wants that control. He made my life miserable when he was my landlord and still proceeds to make my life miserable. I KNOW he is going to dispute the bankruptcy, there is no question in my mind. That being said I do think I have an issue if he disputes. The reason why I left his apartment is he was controlling, he'd show up anytime, tell me I have too many cars in my driveway. He told me I needed to take my a.c. out of the window in (sept.) because he thought it was an eye sore. He knows I left the apartment to move into the house that my boyfriend bought. My boyfriend and I broke up recently so I am now renting from him. We thought it would be easier for me to stay in the house & pay him rent since I had the 3 children. I also split daycare for the youngest child with him. The problem is I do not have any receipts. In April this landlord had a court order to withdraw $2000 from my bank account, since then I've been scared he'd do it again and have been paying almost everything in cash. Does anyone think this will pose a problem at my 341 meeting?

Actually I've been down this same thing with an AH like this type of person. Please say you did not put into writing that you would settle or bk on him. He is an unsecured creditor with or without an order he cannot collect once you file. It is a civil suit and you can get that Judgment removed, a little extra work but worth it.

He is actually stalking you now and when you were living in his place. If you can work up proofs of harassment, you can see your States Attorney or at the least get what is called "injunction against domestic violence" in FL. It isn't only what the title says but some call it a peace bond. It is a very strong document and costs only about $20 and within a day a Judge will approve it and a baillif (Sheriff Deputy) will present it to him in person. He has to as he has to read it to the person. The person is not allowed to have control of a firearm under this document. It is usually good for 30 days to start and renewed at a hearing. 'Hub

[Kingxray]

Oh he's enjoying making my life miserable.. seems he still wants that control. He made my life miserable when he was my landlord and still proceeds to make my life miserable. I KNOW he is going to dispute the bankruptcy, there is no question in my mind. That being said I do think I have an issue if he disputes. The reason why I left his apartment is he was controlling, he'd show up anytime, tell me I have too many cars in my driveway. He told me I needed to take my a.c. out of the window in (sept.) because he thought it was an eye sore. He knows I left the apartment to move into the house that my boyfriend bought. My boyfriend and I broke up recently so I am now renting from him. We thought it would be easier for me to stay in the house & pay him rent since I had the 3 children. I also split daycare for the youngest child with him. The problem is I do not have any receipts. In April this landlord had a court order to withdraw $2000 from my bank account, since then I've been scared he'd do it again and have been paying almost everything in cash. Does anyone think this will pose a problem at my 341 meeting?

If you already filed your BK your landlord cannot do anything to you such as wage garnishment, levy bank accounts, etc. If he does he is in violation of the automatic stay that occurs when you file for Bk. He cannot call you, email, write, etc. It is all stated clearly in your BK filing. If he does try any of those things contact your lawyer and he will have to pay the money back and could get in trouble from the judge.

As I said in an earlier post, my dad is as ruthless as your landlord. He followed the rules and did not contact us after we filed our BK but he did send his lawyer to our 341. Your landlord does not have to prove fraud to show up at your 341. Any creditor can show up at your 341 and ask questions. That is why it is called a "meeting of creditors". He can ask questions about your means test (B22) or schedules I and J or questionable expenses to try to shake up the apple cart. He cannot come to your 341 and dispute your BK and the trustee will not allow that. He would have to file a creditor objection or AP in order to dispute the BK. From what you said it does not sound like he has grounds to file an AP. He would have to prove fraud. Remember it would cost him more than 4K to file this objection (that is separate from your BK) in order to reap 4K (if he won) or pay your lawyer fees (if he lost). It really does not make sense for him to do this.

So please take it from me, as I am going through this right now, don't worry. He can no longer hurt you. I owe my dad a [B]lot[B]more than 4K and he did not file a creditor objection. He cannot dispute your BK at the 341-he can't. Don't worry about receipts and such unless you are asked for them. I think you will feel much better after your 341. When is it scheduled? Good luck.

[OnTheRocks]

How long ago did you make payments to him? Maybe if they were recent they would be preferential payments and the court would order him to give them back to pay other creditors? That would serve him right.
Edit: OK reading your post you are under $600 a month payments to him, sorry

[Calthius]

How long ago did you make payments to him? Maybe if they were recent they would be preferential payments and the court would order him to give them back to pay other creditors? That would serve him right.
Edit: OK reading your post you are under $600 a month payments to him, sorry

It would be more than $600 in a 90 day window. They could be seen as preferential.

[ineedout]

well I just had to file a motion to have them stop the garnishments from my paycheck. so I guess until i get a court date they will continue to deduct the $125 a week. I thought all payments were supposed to stop once the creditors received notice of a chapter 7 filing. Is this true? I am not sure when my 341 meeting is yet. We did a skeleton filing so I just got a case #. I was told I should receive the date of my 341 meeting next week. King Xray, you are going thru this with your dad??? I feel for you!!

[Kingxray]

Thanks and yes it is my dad doing this to us. As far as the garnishment goes, the court ordered a garnishment of hubby's wages and sent it to us and my hubby's work, but we filed before the actual garnishment took place. We just sent our BK paperwork to my hubby's employer and they sent it to the court and the garnishment was dropped. Maybe once you get your BK paperwork you can send that to the court where the garnishment was ordered and they can stop the garnishment. You may even get some of the money back. Our lawyer told us that if they garnished his wages they would have to pay it back and could even get in trouble for garnishing them.

Hopefully someone on this forum knows more about this and can help you out.