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contesting BK question...

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Senior Member
we had our creditors meeting last week(expecting his ex to show), couple of days ago we heard my husbands ex wife is in the hospital she had a heart attack and is having heart surgery... she was filed on also since all of the credit cards we paid were in her name too,... no creditors showed up...

question is,... can she still contest our BK ? the papers said something about 30 days afterwards.. not sure if that meant she still could or not... what if anything can she do to us from here on out to stop our BK until we receive our discharge papers? guess what I'm asking is, since she had medical reasons for not showing up and still wanted to contest it could she (or) is it, if no one shows up at the creditors meeting its pretty much over???



Generally a creditor has sixty days after your 341 to contest any debt or the BK itself. Usually this involves companies, not individuals but if the sixty days elapses and you are given your discharge, it can not be rescinded because someone didn't file a motion. Even if she claimed illness stopped her from coming forward the questions asked would be did it incapacitate her for the entire sixty days? why didn't she get a lawyer to represent her in her place?
I have recently asked the same questions of the lawyer I hired for my chapter 7 and he said once it is discharged it can not be rescinded except under extreme circumstance which would have to be PROOF of fraud and in twenty years he has NEVER seen it happen.

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