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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12747
Experience:  B.A.; M.B.A.; J.D.
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I friend of mine, whom I did business with owes me money.

Resolved Question:

I friend of mine, whom I did business with owes me money. He just filed for bankruptcy and I got the discharge papers in the mail. In numerous discussions and emails he has indicated that he would pay me what he owes me. Can I take him to court and get what he owes me?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 11 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Could you clarify?

What did you mean by you "got the discharge papers?" If the bankuptcy protection was just filed, it would take at least four monts for the Court to issue a Discharge Order in the case from the date of filing if he filed under Chapter 7 case?

So, when did he file for bankruptcy protection?

Under what Chapter did he file under?
Customer: replied 11 months ago.

He filed for Chapter 7 bankruptcy about 3-4 months ago as you indicated. But during that time, I called him/ and sent him a text message and he indicated for me to not worry about it and he would do the right thing. Obviously I trusted our friendship to believe him.

Expert:  Phillips Esq. replied 11 months ago.

Thank you for the information:



He filed for Chapter 7 bankruptcy about 3-4 months ago as you indicated. But during that time, I called him/ and sent him a text message and he indicated for me to not worry about it and he would do the right thing. Obviously I trusted our friendship to believe him.



Response 1: Regrettably, you were in violation of the Bankruptcy Code's Automatic Stay for contacting him at all regarding the debt when he filed for bankruptcy protection. Once he filed, almost all collection actions against him are frozen with limited exceptions such collection actions for child support and alimony payments, which can go on. Paternity action and criminal prosecution can still go on. See 11 U.S.C. Section 362(b).



http://doney.net/bkcode/11usc0362.htm



If you wanted to object to the dischargeability of your debt, you should have filed objection within the time stated on the notice that you received from the Bankruptcy Court, which is 60 days from the conclusion of Section 341 Meeting. Obviously, if a Discharge Order has been issued in the case, you have missed your deadline for objecting to the dischargeability of your debt and therefore there is nothing you can do about the debt at this time. YOU CAN NEVER SUE HIM OR CONTACT HIM WITH REGARD TO THE DEBT. If you do, you would be in violation of Discharge Injunction and your friend can sue you in Bankruptcy Court for the violation and ask the Court to sanction you. See 11 U.S.C. Section 524.

http://doney.net/bkcode/11usc0524.htm





You initial post:

I friend of mine, whom I did business with owes me money. He just filed for bankruptcy and I got the discharge papers in the mail. In numerous discussions and emails he has indicated that he would pay me what he owes me. Can I take him to court and get what he owes me?



Response 2: No, you cannot. Once the Discharge Order has been issued and you failed to object to the dischargeability of your debt within the time stated by the Bankruptcy Court, your debt is wiped out. You CAN NEVER go after him for the debt. If you did, you would be in violation of Discharge Injunction. See 11 U.S.C. Section 524.

I am sorry that I do not have better news for you. However, I have ethical and professional obligation to provide you with honest assessment of your case eventhough the assessment is ultimately not in your favor.

Thank you for your understanding.

Let me know if you need further clarification,

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12747
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you

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