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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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I am a creditor in the Chapter 7 bankruptcy of a remodeling

Resolved Question:

I am a creditor in the Chapter 7 bankruptcy of a remodeling contractor who took $8,500 from me and never did any work. With the help of an attorney who got the man to sign a promissory note for the amount, we managed to recover all but $5,000. We sued in small claims court and won a judgement in that amount. I want to file a complaint objecting to the discharge of my debt, but can't find out how to do that. Is there a specific form or do I write a letter to the trustee? My grounds are that the debt was obtained through fraud, as we discovered he never did purchase the windows as he claimed. How do I properly lodge my complaint? Hiring an attorney at this point for another few thousand dollars doesn't seem wise.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JP replied 8 years ago.

You can pursue this matter in bankruptcy court by commencing an adversary proceeding against the debtor.


Lawsuits filed in bankruptcy cases are referred to as adversary proceedings. You may be able to find sample forms on the bankruptcy court's website in your district. The bankruptcy court clerk will also be able to assist with information regarding the procedures to follow to commence an adversary proceeding in your district. Since you are doing some preliminary research on the internet, you should know that a nonexclusive list of adversary proceedings is set forth in Federal Rules of Bankruptcy Procedure Section 7001.


You don't need to write a letter to the trustee, but you should contact the trustee's office asap to determine the status of the case, because you need to make sure that the time to object to the dischargeability of your debt has not passed.


I hope you found this information helpful.


Best Regards.

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