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I have a 5 year old case of a construction contract gone bad.

A customer ordered cabinets from...
I have a 5 year old case of a construction contract gone bad. A customer ordered cabinets from me she got them then she did not like the color I took them back to the mfgr. and got a 100% credit but they where 6-8 weeks out. She did not like that answer so I went through a different supplyer and got it at 4-6 weeks. She accepted. They where then delivered and she again did not like them and requested a full refund and stop all business. The supplyer did not do refunds as they are built to order. She tried fileing criminal charges and the police said there was no criminal action in not returning her money since the supplyers policy was no refunds. She sued me and won as the judge felt I should have informed her of that since the first supplyer did the refund and this one would not. I filed BK7 and did not get served an advisary papers. My att for BK did and told me not to worry cause he was not the att of record, well the BK judge said good service and now the judgment stands. what 2 do
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Answered in 21 minutes by:
4/2/2009
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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So, you listed the judgment in the bankruptcy case.
Do you own real estate? if so, did she put a lien on the property? If not, then you are clear.
If what you are telling me is correct, she needs to file an adversary objection to determine the dischargeability of the debt in the bankruptcy case, before the deadline to do so (look at your bankruptcy notice for that date)
If she filed a motion to lift/modify the stay in bankruptcy court, the judge should deny that, since the debt is dischargeable, based on what you are telling me.

You should appear in the country court and show the state court judge your bankruptcy filing, and he should dismiss that case because of it.
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Customer reply replied 8 years ago

The advisary case she won cause my attorney for the main case told me that I did not need to file a response for the case cause he was served not me and he was not the attorney of record for the advisary case. The BK judge did not agree with his choice and ruled that only her side of the case was to be heard not mine because I did not file a response to the advisary cause my attorney from the main case advised me not to. So she did get relief from the bk and her debt was not dicharged through the BK according to the paperwork my motion to include this debt was DENIED. should it still stand in county court you think?

 

thanks

I'm sorry to hear that. Sounds like you might have had a shot at winning the case in the adversary if you filed an answer and fought it. You might want to talk to your bankruptcy attorney to see if they can vacate the adversary order, and litigate the case. I would think you have a strong chance of winning that, if you can get the order vacated...that's going to be the hard part.

Otherwise, with the stay modified, and the order that the debt is non-dischargeable, then there is nothing you can do in state court, with regards XXXXX XXXXX bankruptcy. You can fight it if you want, but it sounds like a losing arguement. You need to set up a payment plan with her to pay back that debt otherwise she can garnish wages, freeze your bank account etc. I'm sorry.
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Customer reply replied 8 years ago
Yeah he is a douche bag and said he was done with me so I guess I might have to sue him for Mal-practice!?!?!? He weezled his way out of testifying at the advisary case and said attorney client privlage but I did not know at the time I could over-ride that and make him come. He made me think that I could not do so. Do you belive there is any legal recourse I can do on him? Dont think much luck with the county Judge though huh!! Thank sux!!!!!!! Ill give you a tip to at the end of this thanks!!! Do you think we can get the oder vacated even if the 30 days appeal time is passed if I find a different Att?? How does the payment plan work does she have to accept it or is it what I set it up as??
I know that your bankruptcy attorney is not generally the attorney of record for the adversary proceeding. You can negotiate whatever payment plan you can with her, there are no real guidelines. As for a malpractice case, you should seek out an attorney to review the situation and all the facts involved, information you were given, served with etc. they can review to see if you might have a case. I do not handle malpractice cases. I wish you the best of luck.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
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Terry L.
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Category: Bankruptcy Law
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