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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I recently went through a bankruptcy and received a discharge.

Customer Question

I recently went through a bankruptcy and received a discharge. Someone I was involved with in a business deal filed for an advisary trial, which is to start on 12/9/2010. I can not afford an attorney and at the hearing, the judge pretty much said too bad! And he is not inclined to give an extension. Do I have options such as mediation etc?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

You can defend yourself, although an attorney is highly recommended.

Terry L. :

You can try to negotiate with the creditor to see if they will work with you on a settlement or payment plan.

Terry L. :

If so, they will usually request a judgment of non-dischargeability, and enter into a settlement

Terry L. :

Otherwise, you need to do some research as to the dischargability of the type of debts like this.

Terry L. :

You can often google your state, and the code section regarding the adversary cited by the plaintiff.

Terry L. :

You can find caselaw in your area regarding that issue, and see how the cases fall.

Terry L. :

Use those case cites as your defense if you think you may prevail.

Terry L. :

what is the issue at hand?

JACUSTOMER-1g8i2ah- :

I only filed bankruptcy due to the fact that our businesses were blead dry with litigations. Once we had no more money, several of the litigants continued and judgements were given not only against my company but also personally. This particular infdividual filed their litigation when I filed bankruptcy and notified them of such. That is when they filed the adversary and the civil case was put on hold. I have not filed bankruptcy for my business as of yet

Terry L. :

What is there objection revolved around though in the bankruptcy?

JACUSTOMER-1g8i2ah- :

They want me to settle with them in a buy out of the deal we entered into. It was a real estate deal where I was the contractor and they bought a lot in the subdivision as an investment property. We also offered them the opportunity to opt out through a buyout option and the excercised this and we were not able to complete the buyout and they are claiming fraud

Terry L. :

Then you need to prove that there was no fraud in the adversary case.

Terry L. :

Do you have any other questions?

JACUSTOMER-1g8i2ah- :

Yes, the original questions was what are my options. I can not afford an attorney and don't feel confident defending in this situation, sicne I have no idea what they are requesting since A discharge has already been given.

Terry L. :

The discharge will not cover this debt if they have filed an adversary before the deadline.

Terry L. :

Your options: 1. hire an attorney. 2. Defend the motion pro-se. 3. Negotiate a repayment plan for the debt. That's it.

Terry L. :

thank you for your question, good luck.