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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2821
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I got served today with a summons to appear in cort from a

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I got served today with a summons to appear in cort from a debtor I had included in a bankruptcy in 2009. They were included in the discharge. Can they still come after me?

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

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.

Terry L. :

You should then call them to make sure they withdraw the case.

Terry L. :

You can then go to the hearing and bring copies for the judge and the attorney again.

Terry L. :

The judge will dismiss the case.

Terry L. :

You should then ask the judge to make the other side pay your court costs.

Terry L. :

You can file a counter claim against the creditor for violating the discharge too

Terry L. :

Or you can file a discharge violation action in the bankruptcy case too

Customer: They were a company i had a phone book ad with when i had an llc which is out of business now. I filed for bankruptcy and they were dischared. So then there is no back door for them to come after me is what your saying?
Terry L. :

did you file for the business or the LLC?

Terry L. :

They can collect against the business if this was a business debt. You should send them the dissolution documents then too.

Terry L. :

They shouldn't have a back door. Forward them the info, and they should withdraw the suit completely

Terry L. :

Any other questions ?

Terry L. :

It seems you have stepped away, let me know if you have any other questions

Customer:

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?

Terry L. :

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

Terry L. :

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

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