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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15874
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Facts Just filed Chapter 7 (on 11/18/2009) it was discharged

Customer Question

Facts: Just filed Chapter 7 (on 11/18/2009) it was discharged on 01/19/2010. In the interim, one creditor stepped forward and filed an adversarial complaint. Do to the timing of this filing (62 days after the 341a meeting) I question it?? Exactly how long after the 341a meeting do they have to do so????

If the creditor is serious in pursuing me, how long would I have before they proceed to obtain judgement and, or garnish my wages/bank account?????

Do most creditors "at least" give me the opportunity to settle on the balance in question and, or at least negotiate repayment plans before they would take such action?

Please advise, as I am scared.

Thanks.

Jim Hapka
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.

if the creditor was listed, they were to appear at the 341 hearing, if they file a motion, after and they were listed on the disharge they are out of luck. In a Chapter 7 proceeding, the Proof Of Claim generally must be filed within 90 days after the first scheduled 341 Meeting. If the case is a "no asset" Chapter 7 case, there may be no need for a creditor to file a proof of claim. The notice of bankruptcy may indicate that fact, and further instruct that certain creditors should not file a proof of claim. In situations like this, a notice and time to file a proof of claim will be given, in the event that a trustee later discovers assets for distribution to unsecured creditors. See Bankruptcy Rules Rule 3002

 

Their should be no reason they would get anything, in a chapter 7 case, all debts are discharged, and if their is assets in the case, then the trustee could give them some assets, but the trustee will most likely discharge the debt.

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