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What can I do about a complaint filed against my BR

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A

arluvian

Guest
I am in Ca and one of my creditors has filed a complaint to challenge one of my debts as not being dischargeable. What recourse do I have without hiring a lawyer?
 


J

JenniferH

Guest
Please be more specific. What type of debt? circumstances. Etc.
 
A

arluvian

Guest
I spoke with the lawyer who prepared my paperwork and he said that I filed too early and had a balance transfer within 60 days or filing. This debt is from a credit card. I think that my lawyer should have advised me to wait until all debt was dischargable. So far I have heard that it is futile to fight since the law is clearly on their side. But I might be able to negotiate the amount down and pay that. Or I can cancel the bankruptcy and file again in 6 months.

What do you think about any of these options? Do you have any other suggestions?

Thanks
 

bigun

Senior Member
Did you hire a lawyer to just prepare the paperwork or, to represent you in bk? If it was just to do the paperwork, I don't know why you think he should have advised you on anything. Not trying to pick on you but, I hope everyone reading this understands why it is so important to be represented by counsel in bk proceedings. What you don't know can surely hurt.
None of the options are that great. You can cancel the petion and refile in 180 days but, you open yourself up to collection activity. Can you avoid a lawsuit and a courtdate and a the resulting wage garnishment for 6 months? A settlement has problems as well. The difference between the amount owed and the amount settled will generate a 1099C if the difference is over $600. The 1099C wil reflect taxable income.
I personally think it is time to hire a lawyer for the entire process.
 
J

JasonRT

Guest
Dear arluvian,

There is a better option and I am here to give it to you :). If you have money which is exempt from the bankruptcy proceding you may contact the creditor and offer to pay them a settlement not as to the debt, but only to withdraw their objection to the discharge (the rest of the debt will still remain as your liability).

Once they withdraw their objection, your bankruptcy will discharge the remainder of the debt and you can avoid the tax liability.

Good luck!


[email protected]
 
A

arluvian

Guest
BK advice

I guess that I should try to negotiate the balance. Are you saying that I could try to offer a portion of the disputed amount to have the creditor withdraw the objection? I owe about 6k as part of this non-dischargeable debt.

If you could further clarify this option I would appreciate it.

Thanks

Arluvian
 

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