Really need help- creditor filed motion to reopen 1 year after discharge

[Slick7]

Was discharged Sept of 2009. Creditor had a default judgment for a lot of money (which we never even owed, but didn't fight since we were filing bk anyway). His attorney was notified of the bankruptcy, no adversary was opened.
Now, almost a year later, he is filing pro se a motion to reopen the bankruptcy, saying that he was not properly notified of the bankruptcy, since we notified his attorney and not him. And now he wants to open an adversarial to dispute the dishargability of this debt, claiming fraud. Help?

[despritfreya]

If you cannot prove that he had actual or constructive notice he has the right to reopen your case to file the 523 Complaint. One would have to research if notification solely to the creditor's State Court attorney (his agent) is deemed notice to the Creditor in your District. I can see it going either way as the attorney was not hired by him to represent him in any matter other than the State Court litigation and once the Default Judgment was obtained the attorney/client relationship ended. Were you represented by Counsel? If so you really need to discuss this with him/her.

[HHM]

If you cannot prove that he had actual or constructive notice he has the right to reopen your case to file the 523 Complaint. One would have to research if notification solely to the creditor's State Court attorney (his agent) is deemed notice to the Creditor in your District. I can see it going either way as the attorney was not hired by him to represent him in any matter other than the State Court litigation and once the Default Judgment was obtained the attorney/client relationship ended. Were you represented by Counsel? If so you really need to discuss this with him/her.

Concur. Notifying the attorney may not have been enough. The issue may turn on where you were in the state court action when you filed BK. If after default judgment was entered, then you will probably lose based on despritfreya's analysis, if prior to default judgment, you have a pretty strong argument that the plaintiff had constructive notice.

Of course, there is a good chance your BK counsel will not be that helpful at this point. These post discharge issues generally require additional fees.

[Slick7]

we filed for bankruptcy after the default judgment. However, our attorney filed a motion to set aside the judgment/amend the judgment, his attorney responded, agreed that the language was wrong- so there was back and forth between his attorney and our attorney during our BK.

[despritfreya]

"However, our attorney filed a motion to set aside the judgment/amend the judgment, his attorney responded"

You now have a stronger argument since there was pending litigation. You really need to talk to your bk attny.

[Slick7]

Thank you for your responses, I really appreciate it!

I will certainly contact my attorney- I may need to get a new one; there was another adversarial he opted to not represent me on, and I successfully navigated my way (and won) pro se. This one, I would like attorney representation with.