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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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someone has claimed me as a creditor in a bankruptcy case.

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someone has claimed me as a creditor in a bankruptcy case. I am certain they are falsifying information. I went to the hearing today and was told I had to get an attorney to find out why I am listed. Should I seek an attorney? I am an ex room mate of this person not a business. Should I take measures to protect myself or do they have to show proof that I have any financial ties (which I don't) to this person? I don't trust the situation, but I also don't have a big chunk of money laying around.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 5 years ago.

HelloCustomer

 

I will be happy to assist you. Are saying that a person is filing bankruptcy and has listed you as a creditor that they owe money too? I am not sure I understand the entire situation.

Customer: replied 5 years ago.
I don't understand either. In a nutshell last March I had to get an attorney's help to remove this person from my home as they had not paid any of their financial obligations to me. She also decided to help herself to several of my belongings on the way out. I pressed charges and have continued to be haunted by this person. Last month I received a notice that she was filing bankruptcy and I was listed as a creditor. I was told I had to show up at the hearing to find out what her claim was but when I went today I was given no information and told the only way I could find out the details was to retain an attorney. I really could care less about whatever her claims are as long as it does not negatively impact me in the future (ie false claims to the IRS). I absolutely do not trust her. Is this going to haunt me if I don't follow through with legal help? Thank you for your input. Carolann
Expert:  VanDLaw replied 5 years ago.

OK. First, you are a creditor, so you have been listed as a person she owes money. She is doing this to prevent you from suing her in the future. In bankruptcy if you have a debt, list it and you are discharged from that debt, it just goes away. So she has put you on there to prevent you from collecting on the debt.

 

You have nothing to worry about personally, her bankruptcy will not affect your credit, and you will have no further dealings except to get paperwork. You will be notified when the bankruptcy is discharged. Do not retain an attorney, nor attend any other hearings. If you went to the 341 meeting of creditors, you really didn't need too. You should have no negative fallout from this, and it will not affect your taxes or anything else.

 

If you really just want this behind you, do not do anything else in regards XXXXX XXXXX bankruptcy and just read the notices as you get them. There is no need for an attorney. The good news is as a listed creditor if they find money to pay out, you would get some of it, pennies on the dollar, but some. This is a long shot though, as secured creditors get paid first. It is doubtful you will see any money.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
VanDLaw and other Bankruptcy Law Specialists are ready to help you

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