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I have filed personal ch 7 in Fla and it has been discharged.

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Dealing with an adversarial pleading...
I have filed personal ch 7 in Fla and it has been discharged. Dealing with an adversarial pleading and want to know if I can represent myself in this procedure?
Submitted: 8 years ago.Category: Bankruptcy Law
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8/4/2009
Bankruptcy Lawyer: Maverick, Attorney replied 8 years ago
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
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Since it was a personal bankrutpcy as opposed to a corporate, the answer is yes, you can represent yourself.

 

Please click "ACCEPT" so I may get credit for my time. If you have a couple of follow-up questions I would be happy to address them for you after that at no additional charge.

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Customer reply replied 8 years ago
Then if I go through this process and and the BK court finds that this should be non-dischargable or if I abandon defense of this (same outcome....). Does the BK court determine the amount of any claim against me? This was a civil suit that never made its way through the civil court system prior to my ch 7 filing. Or does the apposing party then have to go back to the civil courts and continue their case there for an outcome which could be them winning or losing. Trying to determine what next steps would be if I abandon defense and the "claim" is deemed non-dischargable by the BK court. How is the damages portion of this assessed and by who?
Bankruptcy Lawyer: Maverick, Attorney replied 8 years ago
What type of civil case is it and when did the plaintiff's casue of action accrue?
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Customer reply replied 8 years ago
Not sure what "types" of civil cases exist...this was a dispute between a company I owned and an ex-employee over various issues filed in county court in FL. I was named personally and it alleged fraud against me personally. Don't undertstand your question re: when did plaintiffs cause of action accrue? The case was filed in county court in 2006. If this is not what you needed can you dummy down the legal on this so I can answer it? Thx.
Bankruptcy Lawyer: Maverick, Attorney replied 8 years ago

Okay, this helps a lot. Did you not list this case as a contingent liability on the BK schedules that you filed. This may be why they are saying in the adv proc that it should not be discharged. If there is an allegation of fraud, which is a tort, the BK court is less likely to discharge the liability of this claim as opposed to if it were a civil suit arising out of a breach of contract.

 

So for now, if we assume that the claim is not discharged, whether it is because it is a tort/fraud claim, or whether it is b/c you did not list it in the BK, or whether it is b/c you opt not to defend it, then the plaintiffs will go back to the court in which their case is filed and continue forward. The damages will thus be determined by that court, not the BK court.

 

 

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Customer reply replied 8 years ago
ok...last one...following the thread that if I dont defend this in BK court and it then becomes non-dischargable and the plainitiff has to go back to the civil court and pick up the case against me personally on the counts they filed against me personally, I can defend myself in the civil courts as well - is this correct? I know my corp has to be represented...but what about me personally? When I filed personal ch 7 the plaintiff carried on against the corp in civil court - I did not defend and they received a judgement against the defunct corp. I would want to defend myself against the personal claims should plaintiff go back to civil court to try to move those forward. Thx!

Bankruptcy Lawyer: Maverick, Attorney replied 8 years ago
Yes, you can represent yourself in BK or the civil court. You just cannnot reprsent your corporation's interests as those need a lawyer.
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