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Won the appeal

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What is the name of your state? NC

At the first hearing I was awarded $595.00, for the clutch going out on a car I bought after driving it 18 miles. Then, the couple filed an appeal. We went to court the second time on August 1st and the arbitrator awarded me $460.98. She subtracted the cost of the clutch, which was fine with me, at least I am recouping some of the money I'm out.
Now, the problem. I received a letter from the couple yesterday offering me $275.00. They state that if I don't accept their offer they are going to include me in their bankruptcy. I figured they were up to something, since they could just go ahead and add me to it. So, I called the courts and found out that their bankruptcy was discharged on July 22, 2002. As far as my knowledge goes with the law, once the bankruptcy is discharged I cannot be added to it. Am I correct about this?
Any advice as to what I should write back to them?


Senior Member
Tell them to go ahead. Your judgement was after the bankruptcy was dismissed, post bankruptcy debt CANNOT be adjoined to the discharge. The date of the debt is August 1. Only debts incurred prior to filing the bankruptcy are involved except for a few exceptions. If the debt could have been discharged, why did they not include it in the bankruptcy???? Because it was not dismissable. If they try to include the debt in the bankruptcy, show the BK judge your judgement dated 8/1 and proclaim that the debt is valid and not dismissable. The judge will dismiss their case and you can proceed collecting the whole amount.



Thanks so much. That's what I wanted to hear. They must think I just fell off of a turnip truck (ha! ha!).

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