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I have a legal question regarding bankruptcy and an

Hi, I have a...

Hi, I have a legal question regarding bankruptcy and an outstanding loan

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ontario Canada, I don’t live in a state

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am just discharged from bankruptcy this month, I have a debtor who I think wants to sue me

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Answered in 2 minutes by:
3/19/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,008
Experience: Licensed attorney helping individuals and businesses
Verified
If the debt is included in the filing and discharged he cannot proceed and should be advised of the discharge order with a copy.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
I got into a car accident and my car was written off within the period of getting all of my paper work filed with a bankruptcy trustee. Because we had not finished the paperwork, the trustee held off in order to figure out what would be coming back to me from my insurance company then filed me for bankruptcy. Finally by the end of December I received the cheque from my insurance which was to be given to my loan company. The cheque was frozen in my bank account as they assumed it was fraudulent. During this time I had no access to my money so I had to open a new account, which this bank is owned by my loan company. They began taking out all my pays, bounced my insurance etc. now I know because the bank is owned by that car loan company they are allowed to do this. They want the cheque in full and will not put my funds back in my account. I have had to use some of the money as they took thousands of dollars from my account and I have no extra money, hence going bankrupt. They are calling me and threatening action but aren’t saying what the action is. Can they sue me for this?
Was it discharged?
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Customer reply replied 4 months ago
No, she (my trustee) deducted the amount coming from my insurance from the car loan when she filed
You can seek to include it or otherwise look to contest it in court.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
You think I could maybe go back and include it even though it was a cheque from my insurance?
as claim may be included and discharged too!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Thank you for your help
Very welcome. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
INFOLAWYER
INFOLAWYER, Attorney
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Satisfied Customers: 63,008
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