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barkruptcy

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S

some man

Guest
What is the name of your state? Pa.
I had a contract with a man which stated that in case of bankruptcy the contract can be renegotiated but not voided. This contract was for a vehicle which I am the lein-holder of. After a decision in my favor by the district court for the full amount, I waited the alotted time for him to appeal. He did not, so I filed for an execution with the constible. The man has now filed for bankruptcy. Will I get my money, will I have to settle out, or will I have to wait out the bankruptcy.

I would appreciate any input or suggestions.
Thank You
 


racer72

Senior Member
Till the bankruptcy is finalized, you can do nothing. And do not be surprised if the bankruptcy judge rules your contract invalid. Bankruptcy is a right given by law and contracts generally cannot violate a person's right to debt relief. If what you did in your contract was legal, it would be written into every financial contract. But as of now your debtor is untouchable, you will risk a hefty fine if you make any attempts to collect on the debt.
 
S

some man

Guest
It's not that I don't want to hear an answer that I do not like.
On the contrary. I would like to hear and research ALL of my options rather than just call it quits. Since the title work and lien I hold on it were done approximately one and a half months prior to the contract being drawn up, would that imply the knowledge of the lien towards the contract? Is that enough?

Again I would appreciate any input, not just answers I want to hear. Thank you.
 

Ladynred

Senior Member
I think I already told you your best course of action. When he files for bankruptcy, you need to file a Proof of Claim and GO to his 341 meeting. This will get your side in front of the Trustee. If its a valid lien, then the debt is secured. If its secured he either has to keep paying or give up the vehicle !
 

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