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Recent Bankruptcy Court questions

I have received discharge from CHAPTER 13 back in 2016, but

I have received discharge from CHAPTER 13 back in 2016, but I have a creditor/vendor who is still chasing me for a payment. Creditor sent me to collection. I know that this is illegal so please let me know what steps should I take in order to take him to court.

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DrakeLAW

Juris Doctorate

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Can a debtor in possession file a lawsuit (outside of

Can a debtor in possession file a lawsuit (outside of bankruptcy court) related to an agreement/contract for which they did not assume (or list) as an executory contract in their bankruptcy schedules?

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DrakeLAW

Juris Doctorate

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Is there a statute that allows a party being sued by a

Is there a statute that allows a party being sued by a Debtor in possession in a court outside of bankruptcy court (where the lawsuit is filed after bankruptcy was filed by the debtor) which allows the party to file counterclaims against the debtor? Or does the automatic stay prohibit this for some reason?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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What happens if a debtor in a chapter 11 files a blatantly

What happens if a debtor in a chapter 11 files a blatantly frivolous lawsuit against a party in another Court (outside of bankruptcy court), where the lawsuit contains exhibits that the debtor used which is clearly designated as attorney's eyes only information (protected from a protective order that is still active from other litigation) he should have never had in his possession in the first place. Can the debtor get in trouble with the bankruptcy court if he created a new liability for the estate because of this type of frivolous action?

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DrakeLAW

Juris Doctorate

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If a lawsuit against a Debtor is currently stayed in, can a

If a lawsuit against a Debtor is currently stayed in Virginia, can a new lawyer who is going to be representing the Debtor make a notice of appearance in the Virginia/stayed lawsuit when the stay is active? Or do they need to wait until after the stay is formally lifted by the bankruptcy court?

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TJ, Esq.

Juris Doctor (JD)

11,984 satisfied customers
Can a chapter 11 debtor in possession file a lawsuit

Can a chapter 11 debtor in possession file a lawsuit complaint in federal court without first getting permission from the unsecured creditor committee or the bankruptcy court/DOJ office?

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DrakeLAW

Juris Doctorate

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If a debtor filed a bad faith 'SLAPP' lawsuit in Maryland

If a debtor filed a bad faith 'SLAPP' lawsuit in Maryland bankruptcy court against a creditor and a non-creditor in retaliation to a criminal complaint being filed against the debtor.....can the defendants file a counterclaim in the same bankruptcy court against the debtor for frivolous litigation and malicious prosecution and also move for sanctions against the debtor's lawyers who filed the bad faith SLAPP lawsuit?My understanding is that Maryland is one of the many states that has its very own anti-SLAPP statute, Section 5-807 which prohibits these types of lawsuits.

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TJ, Esq.

Juris Doctor (JD)

11,984 satisfied customers
I am filing bankruptcy chapter 8. Only income is disability.

I am filing bankruptcy chapter 8 . Only income is disability. It is no taxable and I was never required to file. My attorney told me I have the file my taxes. Why is that? My account told me I am not required to file. What should I do?

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Can a bar complaint be filed on a debtor's lawyer (by a

Can a bar complaint be filed on a debtor's lawyer (by a creditor) if it can be proven that the lawyer for the debtor filed schedules that have knowingly false information about the debtor, such as reported income and tax liability amounts?

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Ely

Counselor at Law

Juris Doctor

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