Been reading the other thread about the 15K check. DH is owed maybe 40K from 3 years ago, guy fled to Canada and has nothing....gave up pursuing it a long time ago. When tt asks if any monies are owed, do we still bring this up? Not that we wouldn't love to nail this guy but since we've pretty much written it off a this point and it may delay a closing for who knows how long... just wondering. Jeez if we'd gotten it back when we could have paid off the bills...
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Keep On Smilin' -
Yes, you mention it. Fill in the details. I doubt the trustee will bother with it.
Keep in mind, it will not hold up your discharge, it may only hold up your closing. Not that big a deal. -
Definitely list this. If there is any way claim some of it as exempt. The trustee will likely not bother, but the trustee may want to pursue it and if for some reason the trustee is able to collect and any of it is exempt you can end up with money in your pocket. The chance is small, but the alternative is to omit it, commit perjury, and face bk fraud charges.
To me the risk of possibly recieving some money is better than the risk of jail. You have everything to gain my listing it and very little to lose.Comment
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i would list it as well......if the trustee feels its worth it...they may go looking for the guy.....however, i'm nwt hearing from atty friend of ours, that when something is so complex and confilueted....and unless it's a massive amount, the trustees in many cases don't want to bother....hiring special council, etc.8/4/2008
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Hi all, Hi keepsmiling,
Definitely list it, no skin off your nose and if the trustee does go after the guy, even if they get nothing, wouldn't hurt your feelings seeing him squirm, right?
Good luck w. your case!
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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You guys are the best.
Not only would we love to see HIM squirm, but also the judge who forced dh to spend umpteen hours to handle this case while the guy continued to NOT PAY for counsel. Yes, hard to believe but true, and btw, dh WON the case (he is an attorney- real estate biz-- 'nuff said)
Keep On Smilin'Comment
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