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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39019
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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i am listed as a creditor on a ex-friends bankruptcy. she

Resolved Question:

i am listed as a creditor on a ex-friend's bankruptcy. she owes me $5K. i took her to court. she didn't show up so then i got the judgment in my favor. then went to the garnishment office and started that process. a few weeks later she filed for bankruptcy. the creditor's meeting is in 2 weeks, but i haven't received a motion to avoid the lien. that's what the trustee's office said, i should of received it by now and that i have until 12/11 to respond. what do i do now.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Unless the debt from your ex friend was obtained by fraud or deceit, it will be discharged in bankruptcy and you will not likely collect anything. That's what bankruptcy is for: to get rid of debts that cannot be paid.


The reason why the attorneys are saying "too bad" is because there is either no case to make against the debtor, or because the cost of making a case is more than what you're owed.


Hope this helps.


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Customer: replied 7 years ago.
is there anything i can do or say at the 341 meeting to persuade the judge to make her pay me back? she's getting child support now and is paying rent with her live-in boyfriend. she has more money than before.
Expert:  socrateaser replied 7 years ago.
The 341 meeting is not presided over by the court. No orders are made at the meeting. The law permits a debtor to discharge all debts, unless a debt was procured by fraud or willful injury to the creditor. The only use of the 341 meeting it to try to identify whether or not the debtor has concealed assets. If so, then the bankruptcy may be dismissed and you would be free to try to collect again.
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