debts not dischargeable

Idaho

Default small claims judgement ($3600) obtained against tenant for fail to pay rent, destruction, cleaning, repair, replace etc., rental property.

Tenant files Chapter-7. Assuming I can petition BK court to deny discharge of my judgement under Bankruptcy Rule 4007; 11 U.S.C. 523 for:

1. Fraud; insufficient funds check
2. wilful and malicious injury to property; carpet, fence, walls

A. Will I have to provide evidence of 1 & 2 (above)?
B. Am I potentially liable for tenants legal fees and more if BK court rules in tenant's favor for discharge?

Thank you.

Originally posted by mastercard
A. Will I have to provide evidence of 1 & 2 (above)?

Yes, you will, they are not going to just take your word for it.

B. Am I potentially liable for tenants legal fees and more if BK court rules in tenant's favor for discharge?

If your claim is not patently frivolous you should not have any liability.



[email]JASON@LEGISLATOR.COM[/email]

I'm unable to find many success stories of people requesting non-discharge grants. Do few pursue this action because of the remote possibility of success?

Dear mastercard,

Few pursue for several reasons:

1. They have millions of accounts and it is not worth bothering with this one.

2. The amount owed isn't worth hiring a creditor's bankruptcy attorney to go fight in court.

3. They don't believe that even if they keep the debt from being discharged that they will ever collect - so what is the point?

When you raise your objection to the discharge, you should contact the debtor's attorney and see if you can negotiate a settlement from the exempt funds that are not part of the bankruptcy estate. That way you will get some money, they'll get their bankruptcy, and the whole thing will be over with.


[email]JASON@LEGISLATOR.COM[/email]