CREDITOR THREATENING TO SUE AFTER BANKRUPTCY

October 19th, 2007 by Questions

Hi, during the summer I received a letter from a lawyer representing a creditor involved in my bankruptcy. It claims that I filed under false pretenses based on transactions in the last month before filing. Therefore I owed that amount plus interest (I filed three years ago!) as it is not covered under article 178 of the bankruptcy act. Since then I have received several calls, the last basically saying that they haven`t gotten a response from myself or my trustee and will proceed to go to court. I contacted my trustee who said that it is more than likely a scare tactic and to ignore them, only to make sure I don`t sign any settlement and send them any court oriented paperwork. This is very frustrating for me as I received a complete discharge and honestly feel I did nothing wrong, I just want to move on in my life, but it is difficult to when I don`t know where I stand in this matter. It is impossible to put my bankruptcy behind me when it seems at any time a past creditor can come out of my past to try to haunt me unjustly. I went through a tremendous amount both financially and emotionally in my decision to declare bankruptcy, is this ever going to end? thanks.
haunt me unjustly. I went through a tremendous amount both financially and emotionally in my decision to declare bankruptcy, is this ever going to end? thanks.

Questions

One Response to “CREDITOR THREATENING TO SUE AFTER BANKRUPTCY”


October 20, 2007 at 11:39 am, Barton Goth GCO Bankruptcy Trustees said:

In terms of what you are experinecing, it is difficult to comment when not familar with your file or the types of transactions you were involved with on the eve of bankruptcy.

This I can say, if you did enter into a claim based on false pretences or fraudulent misrepresentation it will survive the bankruptcy. However, for it to survive the issue must be heard and accepted by court.

If teh creditor proceeds any further and a court hearing is scheduled then you should look into obtaining your own representation (i.e. lawyer) to defend these allegations.

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