• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

what happened?!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tnt1271

Junior Member
What is the name of your state? MI

I told the magistrate I claimed bankruptcy on the claim my roomate was suing me for. And that it had been discharged and in stay. He told me that because I did not list him on my petition, I owed him the money. He also stated that he knew very little about bankruptcy law and he really did not care to know about bankruptcy law, and that I now get to start with a fresh new debt. I attempted several times to give him my paper work but he said it would not matter. I did appeal and have court in the morning. I am woried about what I should say. I don't want to say or do the wrong thing and get the same result.
 


bigun

Senior Member
You might could have mentioned thi little tidbit in your first thread.
You need to know how your district handles this issue. In many districts, in a no asset chapter 7 case the debt is considered discharged. In other districts, you may need to reopen the case.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

That's worse case. I think that since the debt to the orginal creditor was discharged, the roomate has no standing. Sort of like when you file bk against a credit card company and later on, a collection agency tries to collect.
What did your lawyer suggest you say or do? This really should have been handled in bk court. The moment you were sued, I'd have reopened my bk and asked the court to sanction the roomie for violating the permanent injunction.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top