Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
If the debt was a dischargeable debt, like a credit card etc. (and not a student loan or other non-dischargeable debt) then you should send the attorney a bankruptcy notice along with a copy of your schedule listing the debt from the bankruptcy case.
You should then call them to make sure they withdraw the case.
You can then go to the hearing and bring copies for the judge and the attorney again.
The judge will dismiss the case.
You should then ask the judge to make the other side pay your court costs.
You can file a counter claim against the creditor for violating the discharge too
Or you can file a discharge violation action in the bankruptcy case too
did you file for the business or the LLC?
They can collect against the business if this was a business debt. You should send them the dissolution documents then too.
They shouldn't have a back door. Forward them the info, and they should withdraw the suit completely
Any other questions ?
It seems you have stepped away, let me know if you have any other questions
I filed bankrupcy personally. I dont remember disolving the llc. Can they still come after me? Do I just disolve the LLC and that covers it?
They can come after the LLC. Your personal liability is discharged if you listed them in the case. Dissolution is the proper way, and that should end it. Show the court a copy of the bankruptcy and the dissolution
Let me know if you have any other questions. This question is still open, so please click "accept" and rate a 3 or higher for me to get credit! Thanks
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).