QUESTION

I was owed money by an ind. who listed me as a creditor on her bankruptcy. Her case was discharged and i was not added until after the mtg of creditor

Asked on May 12th, 2011 on Bankruptcy - Maryland
More details to this question:
I never received notice of her filing until i appeared at court and found the case not on the docket because of her filing when i went to the bankruptcy court thats when i found out she filed and her case was discharged. i was the only creditor added after the fact and and after the meeting already occured i never had an opportunity to contest. now I am faced with having to file bankruptcy because on this loan i took out for her.
Report Abuse

1 ANSWER

William/J Joanis
The only way that you could contest the claim is if you allege it was caused by fraud, theft, breach of fiduciary obligation, etc., or you suffered an intentional injury, in that case, you had 60 days from the meeting of creditors to bring an adversary proceeding.  (See Bky Code sections 523(a)(2),(4), and (6)).  The 60th day from that meeting, the debtor received a discharge from repaying all dischargeable debts.  If yours was just a simple debt, you were only required to receive the notice of the bankruptcy in time to file a proof of claim, if a deadline for filing claims was set.  Most cases involve no assets, and no deadline is set to file a claim, so your not having received timely notice does not affect the discharge.  If you think you have an objection based on the debt having been incurred through a wrongful act, go see an experienced bankruptcy lawyer to determine if you would have had a case under 523(a)(2),(4), and (6), but did not receive notice in time to bring it.  If that is the case, then the debt would not be discharged for failure to provide you timely notice. 
Answered on Aug 21st, 2011 at 9:31 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters