How do I oppose a bankruptcy discharge?
I received a notification letter from a trustee’s office indicting a hearing date for the intended discharge of my home renovation contractor. I had successfully sued this individual and his wife in Small Claims Court, and am named as an unsecured creditor of each of these debtors (who have been in bankruptcy for approximately 12 months). I have not received any compensation to date. How can I maximize my chances of successfully opposing the discharge, given that I want this case to be presented as a case of fraud? What are my rights?
If you are looking at pursuing something as fraud you must first prove that through the normal legal system. Therefore you should contact a lawyer and begin the process. Only once the normal courts make a pronouncement of fraud can you make an application to the bankruptcy courts to request that the debts survive the bankruptcy.