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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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can i stop someone who has done $20,000.00 damage to my motor

Resolved Question:

can i stop someone who has done $20,000.00 damage to my motor home from filing bankruptcy? They rented it and they charged the renters for the damages and never fixed the motor home.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

It is not clear from your question - are you trying to prevent the discharge of debt from the person who rented the home to another person, or from the person who rented the home from another person?

Also, what type of damage was involved?

Customer: replied 6 years ago.
Im trying to stop the person who rented the RV to the other people. I know for sure she got money from the renters, because she had estimates made on the damage then charged them for it.
Expert:  cfortunato replied 6 years ago.

You can't prevent someone from filing a Bankruptcy. But when the Bankruptcy is filed, and if you are included as a creditor (someone that money is owed to), you will receive notice that the Bankruptcy was filed, and you will also receive notice of the date and time for the "Creditors' Meeting".

You can go to the Creditors' Meeting to protest the discharge of your debt based on the fact that it was fraudulent for the renter to keep the money instead of paying for the repairs. Bankruptcy Stat. 523(a)(2)(A).

Edited by cfortunato on 11/3/2010 at 12:52 PM EST
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