Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
My company provided a non-recourse cash advance to a plaintiff who has a premise liability claim. The client filed chapter 7 BK in December 2011 and our deadline to ojbect to the discharge is 03/05/12. The case is in the District of Connecticut. Our advances are not considered a loan or debt and therefore, cannot be discharged. The client acknowledged this in the agreement and also committed fraud at the time he executed the agreement, which should further prohibit a discharge.
How do I go about filing the objection.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
Thank you for using JustAnswer. Exactly what do you want to know?
My deadline is Monday, can I obtain the necessary forms to file the objection to discharge the debt or do I need to retain an attorney to file?
I am working on your answer. One moment please.
A creditor can legally file an objection to the dischargeability of the debt without an attorney. This is done by filing an adversary proceeding in the bankruptcy court.
Here are some/all of the forms you will require:
Are one of the links the correct link to object to being a ceditor? Hopefully, that question made sense.
No. You have a claim against the debtor that you wish to have determined to be nondischargeable. Therefore you are considered a creditor.
Are the forms self explanatory and therefore, an attorney isn't needed (although advised to have)?
No they are not self-explanatory but rather general guidelines of what the court will accept. Bankruptcy is a subspecialty in the law. There are no easy to use forms that I am aware of.
Do you have an attorney you can refer me to in Hartford Conneticut that can help with the action?
I am not permitted to refer you to specific attorney. Here is a link to a free legal referral site that may assist you in locating competent local counsel: www.Martindale.com
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