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  #1  
Old 10-30-2004, 03:51 PM
rescume
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Angry

PA. I filed Ch.13: Need HELP with new problem!


What is the name of your state?What is the name of your state? Pennsylvania....I filed ch. 13 in August. I had a roofing business that fell thru (the reason we filed). In Sept. I recieved a civil action notice from 1 of the 3 remaining roofing contracts that failed to get done, but WAS included in the bankruptcy. The bankruptcy lawyer has failed to respond to the matter of the civil action notice. I must go to court Monday and I would like to know what am I all looking at here? The 3 roofs i did not do, I DID recieve half the money down prior of the bankruptcy filed. Would this civil action suit be dismissed? (also the other 2 roofs if they proceed with civil actions.) Should I even bother showing up for the hearing? What if I am forced to pay and I already know i do not have the money at this time, i am trying to keep my house, as i have 5 kids. I thought this would be dismissed as I paid the lawyer to take care of this matter to go on with my life. I am very scared......anyone help me?
  #2  
Old 10-30-2004, 04:13 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Do NOT blow off this court date !! GO to court with your BK case number and and papers, this suit cannot go forward until the plaintiff files for a Relief from the Automatic Stay. Same goes for the other 2. Time to light a fire under your lawyer's butt if he was supposed to do something about this !
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  #3  
Old 10-30-2004, 05:49 PM
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Location: Somnambulist University
Posts: 39,516
As stated by LIR, show up at the hearing. However, based solely on the information you provided, I doubt that these debts will be discharged as they can easily be challenged and excluded.
In fact, it is likely that the court would 'advise' the plaintiffs of that fact in court (I know that I would do so if it they were my clients).

Here is the basis of my opinion (per the US Bankruptcy Code):
§ 523. Exceptions to discharge
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

<snip>
(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition;
(B) use of a statement in writing—
(i) that is materially false;
(ii) respecting the debtor’s or an insider’s financial condition;
(iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and
(iv) that the debtor caused to be made or published with intent to deceive; or

<snip>
(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;"

Simply, your 'customers' shouldn't be burdened due to YOUR possibly fraudulent sale activities.
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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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