file a complaint objecting to discharge of the debtor

[intranet2020]

What is the name of your state? FL

I am a creditor who was screwed over by someone I purchased a computer from. He took my money and filed bankruptcy shortly after.

I have recieved the Form B9A, which I believe makes it a no asset case. Can I still file a proof of claim? How do I do this? It says on the form "PLEASE DO NOT FILE A PROOF OF CLAIM UNLESS YOU RECIEVE A NOTICE TO DO SO." I haven't recieved a notice, but have recently moved to a new address. Should I call the court?

Basically, is there anything I can do to file a proof of claim, a complaint to objecting to discharge fo the debtor or to determine dischargeability of certain debts?

I am very confused and lost with this whole process. I have about 7 days to file this type of complaint. I really am lost on what to do. Is there a form I can download from the Internet? Should I just plan on caling the court?

Thanks,

Mike

 

[intranet2020]

Sorry, I forgot to mention that this is a Chapter 7 case in Florida.

Thanks.

 

[dcw888]

I recently filed a Proof of Claim (In Arkansas) I did not receive a notice to do so, but the Trustee of the Bankruptcy Case I was/am fighting asked me if I had filed one. I went down to the Bankruptcy Courthouse & asked for a form. The ladies there are very helpful & gave me both the form & the instructions.
I filled it out & took it back to them to get it filed. Keep a copy of it for your records.
In order to be a secured claim, you need to attach documents that show the debtor owes the debt you are claiming. In my case, I did have a lien on his property & attached a copy of that lien & when it was filed.
Good luck to you.

 

[Mark D. Dunn]

You'll want to find out about the filing fee for such a complaint - here in Texas, it's $200.00, and as of October 1, our clerk's office won't be taking any more paper filings - everything has to be done electronically.

 

[JETX]

Mark, I believe you have misunderstood the post. The writer is not filing bankruptcy but is wishing to file a claim against someone else who has. There is no charge for doing this.

First, you will need to file a claim (if not already done). This is done using form B10 and can be found at:
http://www.uscourts.gov/bankform/formb10new.pdf

To file your motion of objection to the claim, the process is found on form B20A or B20B, which can be found at:
http://www.uscourts.gov/bankform/form20a.pdf
http://www.uscourts.gov/bankform/form20b.pdf

Bottom line... in order to get your claim exempted from the debtors filing, you may need the services of an attorney. At the very least, contact the Trustee assigned to the case and explain your situation to him/her.

 

[Mark D. Dunn]

The original post mentioned a proof of claim and also a complaint objecting to discharge. There is no charge for filing a proof of claim, but they do collect a filing fee if you want to file a pleading that complains about dischargeability.