My company provided a non-recourse cash advance to a plaintiff who has a premise liability claim. The client filed chapter 7 BK in December 2011 and our deadline to ojbect to the discharge is 03/05/12. The case is in the District of Connecticut. Our advances are not considered a loan or debt and therefore, cannot be discharged. The client acknowledged this in the agreement and also committed fraud at the time he executed the agreement, which should further prohibit a discharge.
How do I go about filing the objection.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
Thank you for using JustAnswer. Exactly what do you want to know?
My deadline is Monday, can I obtain the necessary forms to file the objection to discharge the debt or do I need to retain an attorney to file?
I am working on your answer. One moment please.
A creditor can legally file an objection to the dischargeability of the debt without an attorney. This is done by filing an adversary proceeding in the bankruptcy court.
Here are some/all of the forms you will require:
Are one of the links the correct link to object to being a ceditor? Hopefully, that question made sense.
No. You have a claim against the debtor that you wish to have determined to be nondischargeable. Therefore you are considered a creditor.
Are the forms self explanatory and therefore, an attorney isn't needed (although advised to have)?
No they are not self-explanatory but rather general guidelines of what the court will accept. Bankruptcy is a subspecialty in the law. There are no easy to use forms that I am aware of.
Do you have an attorney you can refer me to in Hartford Conneticut that can help with the action?
I am not permitted to refer you to specific attorney. Here is a link to a free legal referral site that may assist you in locating competent local counsel: www.Martindale.com
Thank you, XXXXX XXXXX authorize payment.
Thank you, XXXXX XXXXX payment.Have a great day.
It has been my pleasure to assist with you. Your satisfaction is very important to me. If you have a question, please let me know by clicking reply. If you are satisfied with my service, please leave positive feedback.Please let me know if I can assist you in the future by starting your new question with "For WebLaw"
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).