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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39172
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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my chapt. 7 case was discharged end of Oct 2009. i have to

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my chapt. 7 case was discharged end of Oct 2009. i have to pay an outstanding balance for assets that were exceeding the accepted amount. A letter was sent to the creditors to file a claim by end of Dec 2009. i have not received the written contract or anything from the trustee yet. My question long before i have to come up with the money expected after the creditors deadline was set if i have not received the contract yet?



If there was an order to file a claim by year end, then it's up to the creditors to push the trustee to get the money from you. If no one does anything, and a year or so goes by, you can request that the court dismiss all the claims on grounds of "Laches," which means that the creditors and the trustee failed to enforce their rights and you were prejudiced because you have spent the money elsewhere, so the court should refuse to enforce the additional claims.


So, you may want to consider letting "sleeping dogs lie."


Hope this helps.


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Customer: replied 7 years ago.
thank you!!!
Yep. Nite.