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.
You are a secured creditor.
Did you file a lien against the collateral, recording it with the county?
This is called perfecting the lien.
If not, you have several options.
You can send his attorney a reaffirmation agreement, to let the debt survive bankruptcy.
You would also send the coversheet too.
These forms are found here: http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx
If the debtor reaffirms the debt, you should file these with the court
then you can collect on the debt again, since it survives bankruptcy.
You can contact the debtor's attorney and ask about the whereabouts of the tanning beds too. IF the debtor does not have them, you can possibly file an adversary objection since he transferred or sold secured property.
I would advise you to contact a bankruptcy or collection attorney to help you, since there are time limits for you to act here.
The adversary, if successful, would except the debt to you from discharge, allowing you to still collect.
Let me know if you have any further questions.
You are correct, you cannot contact the debtor or send him a letter etc because of the bankruptcy protection.
You can contact his attorney though.
OK I see, I don't have the bankruptcy notice w
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