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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience:  B.A.; M.B.A.; J.D.
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I recently petioned the court to reopen the case and add a

Customer Question

I recently petioned the court to reopen the case and add a creditor the creditor objected. We went to a hearing and below is the court order. Is the case now reopened and if so are the debts that occcurred pre-petition are discharged or do I have to go to another hearing?

ORDER ON MOTION FOR RECONSIDERATION OF ORDER REOPENING CASE
Upon the motion, dated May 31, 2013 (the “Motion”), of Bonnaig & Associates (“The
Bonnaig Firm”) for an order pursuant to Fed. R. Banrk. P. 9024 reconsidering and vacating the
Court’s Order, dated April 26, 2013 (the “§ 350(b) Order”), reopening this case pursuant to 11
U.S.C. § 350(b) for the purpose of, among other things, adding the Bonnaig Firm to the above
debtor’s (the “Debtor”) list of creditors; and there being due and sufficient notice of the Motion;
and upon the Debtor’s objection to the Motion; and upon the record of the hearing held by the
Court on the Motion on August 8, 2013; and, after due deliberation, the Court having found and
concluded that (a) there is a valid basis to reconsider the § 350(b) Order because the Bonnaig
Firm did not receive notice of the Debtor’s motion seeking the entry of such Order, and (b), upon
the conditions set forth herein, the § 350(b) Order should not be vacated; now, therefore, it is
hereby
ORDERED that Motion is denied insofar as it seeks vacatur of the § 350(b) Order;
provided, that the Bonnaig Firm has sixty (60) days from the date of this Order to object to the
dischargeability of the Debtor’s debt to it
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year 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.


I recently petioned the court to reopen the case and add a creditor the creditor objected. We went to a hearing and below is the court order. Is the case now reopened and if so are the debts that occcurred pre-petition are discharged or do I have to go to another hearing?




ORDER ON MOTION FOR RECONSIDERATION OF ORDER REOPENING CASE
Upon the motion, dated May 31, 2013 (the “Motion”), of Bonnaig & Associates (“The
Bonnaig Firm”) for an order pursuant to Fed. R. Banrk. P. 9024 reconsidering and vacating the
Court’s Order, dated April 26, 2013 (the “§ 350(b) Order”), reopening this case pursuant to 11
U.S.C. § 350(b) for the purpose of, among other things, adding the Bonnaig Firm to the above
debtor’s (the “Debtor”) list of creditors; and there being due and sufficient notice of the Motion;
and upon the Debtor’s objection to the Motion; and upon the record of the hearing held by the
Court on the Motion on August 8, 2013; and, after due deliberation, the Court having found and
concluded that (a) there is a valid basis to reconsider the § 350(b) Order because the Bonnaig
Firm did not receive notice of the Debtor’s motion seeking the entry of such Order, and (b), upon
the conditions set forth herein, the § 350(b) Order should not be vacated; now, therefore, it is
hereby
ORDERED that Motion is denied insofar as it seeks vacatur of the § 350(b) Order;
provided, that the Bonnaig Firm has sixty (60) days from the date of this Order to object to the
dischargeability of the Debtor’s debt to it

Response: The case is now reopened. However, the Court gave the creditor 60 days from August 8 to object to the dischargeability of its debt. If the creditor does not object within the 60-day period, the subject debt is discharged. So, you need to wait for 60 days to find out if the creditor would file Complaint to Object to the Dischargeability of the Debt and therefore if another hearing would be held. If the creditor does not file the complaint, then there would be no further hearing in the case and the debt would be discharged.

Customer: replied 1 year ago.

Thank you, XXXXX XXXXX my understanding that creditors have limited options in challenging the dischargeability of a debt e.g, fraud, am I correct?

Expert:  Phillips Esq. replied 1 year ago.

Thank you, XXXXX XXXXX my understanding that creditors have limited options in challenging the dischargeability of a debt e.g, fraud, am I correct?



Response: Yes. I predict that the creditor would not prevail if they file the complaint. Usually their grounds are obtaining money through false pretenses and fraud. However, even if the debt was incurred within the 90-day of the bankruptcy filing, which is the presumptive period for obtaining money through false pretenses, this charge could easily be defeated/rebutted by showing that the Debtor made payments on the debt. Thus, Debtor did not obtain money by false pretenses with no intention to pay the debt because the Debtor made payments on the debts.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX

Expert:  Phillips Esq. replied 1 year ago.
You are Welcome! and thank you very much for the positive rating.


All the best
Customer: replied 1 year ago.

I'm not sure if can make this request, but it looks like you are licensed in Ma. I live in MA would you be available to retain as an attorney.

Expert:  Phillips Esq. replied 1 year ago.

I'm not sure if can make this request, but it looks like you are licensed in Ma. I live in MA would you be available to retain as an attorney.

Response: Thank you for asking.

I am licensed in both MA and NY. Unfortunately, pursuant to terms of service, I cannot represent you outside of this site. However, you have done quite well on your own. I do not see a need for a bankruptcy Attorney at this time. Nevertheless, if you need one in the future, you can use the following sites to find excellent bankruptcy Attorneys:



http://www.naca.net



http://www.nacba.org

Have a wonderful day!

Customer: replied 11 months ago.

I have additional questions. What happens if the creditor objects and if it does not object what happens after the 60 day period. Does the judge render it discharged and will I and the creditor receive a notice from the court.


 


Thanks for your help.

Expert:  Phillips Esq. replied 11 months ago.

I have additional questions. What happens if the creditor objects

 

 

Response 1: Then the creditor would serve you with the Complaint. You would be given opportunity to respond. The Court would schedule conferences on the case to get the parties to settle. If there is no settlement, the case would go to trial.

 


and if it does not object what happens after the 60 day period.

 

 

Response 2: The debt is discharged.

 


Does the judge render it discharged and will I and the creditor receive a notice from the court.

 

 

Response 3: Yes and Yes.

Customer: replied 11 months ago.

Thanks much, you have been very helpful.

Expert:  Phillips Esq. replied 11 months ago.
You are quite Welcome!


Have a wonderful day
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 months ago.

Hello , unfortunately the creditor has now brought an adversarial proceeding. The complaint in essence raises the same arguments it made in its motion for the court to reconsider the re-opening of the case.

 

In my answer could I raise the issue that because the creditor reiterates her previous argument that the complaint is frivolous, wastes the courts time and resources. Also could I counter claim for attorney fees and that the court sanction the creditor for harassment.

 

Thanks for your help

Expert:  Phillips Esq. replied 10 months ago.

Hello , unfortunately the creditor has now brought an adversarial proceeding.

Response 1: That is quite unfortunate indeed.

The complaint in essence raises the same arguments it made in its motion for the court to reconsider the re-opening of the case.

In my answer could I raise the issue that because the creditor reiterates her previous argument that the complaint is frivolous, wastes the courts time and resources.

Response 2: Regrettably no. Even if the argument is the same, the Plaintiff must restate them in its core case. Otherwise, the Plaintiff would not have any case. In the law, pleadings are quite repetitive.

Also could I counter claim for attorney fees and that the court sanction the creditor for harassment.

Thanks for your help

Response 3: Yes, you can. Also, more importantly, you need to make sure that you respond to each Paragraph of the complaint. You can deny, admit, or state that you do not have enough information to either admit or deny, or you can admit in part or deny in part. Generally, everything would be "Deny" except for your address. Also, recall my previous answer:

"...even if the debt was incurred within the 90-day of the bankruptcy filing, which is the presumptive period for obtaining money through false pretenses, this charge could easily be defeated/rebutted by showing that the Debtor made payments on the debt. Thus, Debtor did not obtain money by false pretenses with no intention to pay the debt because the Debtor made payments on the debts."

Click below for


Sample Answer to Adversary Complaint


Sample Answer--2

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