Help to prepare

[df04527]

We want to be well prepared for what is going to happen when a certain creditor finds out a BK has been filed and will stop their pending judgement.

Their lawsuit IS filed by an individual not a company and when that person hears of the BK IS going to flip right out and attempt to do whatever to stop it............

What are all the things this individual COULD do to stop the bk?

ps: this debt is two years old (so nothing recent at all)

[tcreegan]

Hi df04527,

Once you file, you send the BK notice w/ case number and filing date (you will get this from the BK court) to the state/county/civil court where the judgment case is being filed. You use the form provided by the clerk of the state/county/civil court. Ask that the case gets dismissed.

Then your irate individual is up a creek w/o a paddle...unless the debt you owed was secured by property (house, car, etc) or was a court-ordered payment (child support, victims assistance, alimony, etc)

For just an unsecured creditor, they can object to the debt at the 341 meeting, they can file an adversary proceeding (AP) in the BK court, they can ask for a copy of last year's tax return before the 341. That is about it. Unless there is something really extraordinary going on the objection will be denied, you will win the AP, and they won't get a copy of your taxes unless they are really knowledgeable about the workings of a BK. (of course you will redact all soc sec numbers on the return)

BUT, none of this is likely to happen unless they are a lawyer. If they get a lawyer, they will be told they are up a creek w/o a paddle.
Once the judgement suit gets dismissed, they will look at their options, realize it is hopeless, and go away mad.

One thing to do: if they contact you about the debt after you file, document it. Document each phone call, letter, email, text, well you get the idea. Contacting you about the debt is a violation of the BK automatic stay, you can take them to court and get damages for each violation + legal fees. Damages can be your time dealing with each infraction.

Roll on df, good luck w/ your filing!

Tom in Colo

[df04527]

Thanks Tom! Perfect --that's pretty much what I was hoping to read. I just wanted an extra boost of confidence! Thanks so much and yes it is a very unsecured. Even better -- We have hired a second attorney working that suit for us so whatever papers need to be juggled to get that judgment canceled - i will expect him to do. Yahoo!!! Rock on!