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Thank you for your question. Please permit me to assist you with your concerns.This is an unfortunate situation to be in. If someone files for bankruptcy, they can seek to discharge the debts owed so that they would no longer have to return the funds. In this case obtaining a general practice attorney with experience in collections, litigation, and bankruptcy law would likely be ideal, because that attorney would know how to compel notice and potentially even file a formal contest to the bankruptcy so as to request that this debt be set aside and not discharged under the filing. But you really should consider moving very quickly on this before his bankruptcy is heard and discharged.Good luck.
Thank you for responding to my question. Today, I received a form in the mail from the U.S. Bankruptcy Court (Official Form 9A, Chapter 7 Individual or Joint Debtor No Asset Case). The meeting of creditors is scheduled for mid July.
What is the meeting of creditors? If I am in school at that time, may I send my fiance in place of me?
Also, hiing an attorney would likely be more expensive than the amount I paid for the DJ in the first place. Are there any other options instead of hiring a lawyer?
Thank you for your follow-up, Sharon.A meeting of creditors is where the creditors such as yourself can appear in front of the judge and petition the courts that their debt is somehow special and should be removed from bankruptcy so that you are able to still hold the bankrupted party liable. If you do not appear at this hearing or you are unable to adequately explain why your debt should be treated differently, then the debt can be discharged and you would receive little or nothing based on this obligation It i also a meeting where seniority of debts can be established. You cannot send your fiancee if you are the one who signed the obligation, you would need to be there in person or retain counsel. The only option other than hiring an attorney is to appear there in person on your own, and attempt to represent your interests 'pro se'.Good luck.
Thank you for your response. If I did attend this meeting of creditors, you said I would have to petition the court/judge and explain why I should receive my money back. What would be a strong argument? I didn't sign the contract days before his bankruptcy. My only argument would be, "It is a contract, and he broke it. The contract says I am bound to it, so why would it be any different for him."
Sharon,My apologies but that I really cannot answer for you. Unless you have some evidence or claim from him showing that he 'affirmed' the debt and promised to honor it even if he files for bankruptcy, other than claiming that he could still perform the agreement you really have no 'strong' argument here. If you did I would have suggested it.Please be well and good luck. Kindly rate my answers positively at this time for my assistance. Thank you!
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