QUESTION
Can i sue a business if i paid them to file and send a bankruptsy amendment papers and it never reached the court and now my case is closed.
Asked on Dec 15th, 2016 on Bankruptcy - California
More details to this question:
I paid and thought my amendment was sent to the courts and the courts did not receive my paperwork and the case closed and they can no longer make the amendment changes that I paid for. I now still owe money to the business add to this amendment. I called a few times each week and all they kept saying was they sent it and are waiting for the paperwork to return to them as filed. I would like to sue them for my time spent the money paid to them for this service that was never done and also for the money I now still owe the business on that amendment. Can this be done and what are my odds?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
If your case was a no-asset Chapter 7 case, then the failure to amend to add a creditor is of no consequence. The debt was discharged even though it wasn't listed.
But sure, you can sue anybody for anything. If you paid them to do something, and they didn't do it, you should get your money back. But you can't sue them for a debt you owed that was discharged in your bankruptcy case.
Answered on Dec 15th, 2016 at 9:48 PM