I've been named a creditor in a bankruptcy. Someone is trying to discharge the money he owes me. We went to court a year or two ago, negotiated a settlement and he paid about half of it. It's not that much money. If this guy was living in poverty instead of a huge home, nice car, etc, I probably wouldn't care. His financial situation has little or nothing to do with the economy. Anyone out there have knowledge or advice on how to fight this? Thanks!
My understanding is that a creditor can file an objection to discharge. It's basically a suit within the BK. If the creditor wins the debt can never be discharged. The main reasons a creditor is granted this is for recent luxury purchases, recent cash advances ('recent' for both is probably about 90 days) or fraud on the part of the debtor. There may be other reasons but those are the "per se" ones.
Thanks raf. This guy lives a life of luxury but hasn't paid bills for years. He spent all his cash on a ego-stroking semi-pro football teams, but even they eventually went defunct when he ran out of stadiums and practice facilities to stiff. If he was living in a trailer and working his tail off to make ends meet then I would have some empathy for his plight.
Here's another guy who discharged his debt to me via bankruptcy. http://www.seattlepi.com/money/356813_securitiesfraud28.html I didn't invest with him. I did a lot of work on his house when he was trying to sell it to move to Arizona. He had kept current for a couple of years before that.
Just saw this and i am going thru pretty much the same exact thing. Was in a situation doing work for a guy and he won't pay, tada yada. last year, he filed chap 13. my bill was with his corporation and when he filed chap 13, he included this portion into it anyway in order to gain protection against him personally if I'm able to pierce the corporate veil. by doing so makes him personally liable for his corporate actions. He knew I had a good case against him so on the spur of the moment, he voluntarily dismisses his case citing his intentions to seek other avenues to repay his debt. All that wound up being was to gain enough time to get his ducks in a row that he thought he didn't have before. So, what does he do? He files another petition last feb. and we've been going at it again. I went to the court time after time to these hearings until we finally went to a confirmation hearing and attempt to have my debt discharged. It was not discharged and the judge, after hearing my side, apparently sees things our way and has ordered a trial against him for next month. Until this confirmation, all the hearings was pretty much just my being present as everything has already been filed and this confirmation was pretty much suppose to be either a yea or nay decision for confirmation, but it was not confirmed. On the way out, another attorney that's been there a lot told me that altho he shouldn't say anything, he did say things looked favorable for my argument for the time being anyway. This guys, the debtor, attorney now wants to do a deposition on me and this apparently is for him to find out everything he can. The atty only knows what his client tells him and i think the atty is suspicious of his client. This clown is devious as hell and the atty doesn't want to get caught with his pants down as normally these things don't happen, as far as I know anyway. We have a trial scheduled and if it actually goes that far, this guy can be in some serious doo doo from perjury if nothing else. Now, as far as your problem is concerned, you already have a "judgement" against him thru the settlement. You might be able to contact the trustee about it and let him know what's going on. He'll not tell you what to do legally as he can not put himself in that position. but something else you might be able to do is to go to the office in the courthouse where you file all your paperwork. Ask one of the clerks what papers you need to file to pursue this action. They're not lawyers or giving you any legal advice in telling you what papers you need to file. but I feel ya cuz this guy I'm fighting is in no financial bind either. He used funds from another previous biz to build his McMansion on ground given to him from his mom. Now he has almost half a mil in mortgages where he cashed out the equity and his mom hold it for him. Anyway, I'm trying to expose this shadiness. I don't care to ever get a nickle back from this but it's the principal of it. This guy is exploiting a system that takes away from others that may truly deserve the break. Anyway, hope what I mentioned may help. Good luck with your's!!
