Should I drop my judgment due to my creditors chater 7?

Question

Two weeks before filing chapter 7 a customer signed and borrowed money from me. Two months after filing he amended his chapter 7 to include me in it. I never received any paperwork from him or his lawyer stating he was in chapter 7 nor did I receive anything from his lawyer until after the case was discharged.
His lawyer give me ten days to drop a judgment i have on him or face being taken to court myself for not abiding by bankruptcy laws.

I was not aware of the bankruptcy until my lawsuit was started. I never received anything in writing other than a letter after the bankruptcy was discharged. I have lost money already taking him to court and lending him money. I believe he was clearly aware of his chapter 7 before taking the loan. I don't have money to pay a lawyer for representation. what can i do to protect myself and get my money back? Please help me, I dont want to lose anymore money.

Answer 1

I don't think its fraud...but its possible.

After declaring bankruptcy, an "automatic stay" of debts takes effect. Creditors will be served with notice of the bankruptcy, and, after receiving notice, will be barred from taking certain actions against you while the bankruptcy is pending. If they are contacted by a creditor after filing for bankruptcy, the are suppose to tell their attorney -- it is important that their attorney know not only of improper contacts, but of any possibility that a creditor was omitted from the list of creditors you submitted with your bankruptcy petition, or of the possibility that notice was not properly served.

A "Fraudulent Transfer" is the exchange of property prior to the filing of a bankruptcy petition for inadequate value, in an effort to shield the asset from the bankruptcy. Pursuant to the "Uniform Fraudulent Transfer Act", a Court may bring certain property back into the estate, if it was improperly transfered. However, if property was sold for its reasonable market value, a Court cannot recover the property.

At the end of the bankruptcy process, all debts are wiped out (discharged) by the court, except:

debts that automatically survive bankruptcy, such as child support, most tax debts, and student loans, unless the court rules otherwise, and
debts that the court has declared nondischargeable because the creditor objected (for example, debts incurred by fraud or malicious acts).

I think you need to contact the bankruptcy court and explain your circumstance to them....

Answer 2

Scott particular appears like a collection agent, would not he???? He did no longer ask approximately judgements Scott! undesirable bills are suggested on your credit document for 7 years, beginning on the day of the delinquency. no longer the final interest. no longer the fee off date. yet this has no longer something to do with a lenders criminal ability to collect. you may examine the statute of barriers to your state. After this date, the creditor can now no longer sue you, as you haven't any criminal criminal accountability to pay. be conscious, in spite of the incontrovertible fact that, that the creditor can nevertheless proceed to attempt and assemble. yet oftentimes it relatively is proscribed to nasty telephone calls and letters. in an attempt to answer your question, they won't make you pay those bills, as quickly as the statute of barriers has run out. yet take be conscious...in the event that they sue you until now the SOL runs out, and win a judgement, they might proceed to collect for an exceedingly long term. because of this, lenders will start to step up sequence interest while the SOL is approximately to expire. for that reason, your purely wish is to the two attempt to stay sparkling of them and not get served with a summons, or attempt to barter some form of cost plan. A judgement will bypass on our credit document for 7 years.

Answer 3

If he took out a loan while in bankruptcy without disclosing that fact, he may have comitted fraud. Tell his attorney to contact yours about a settlement that will avoid prosecution for fraud.

If you can't afford an attorney, you'll probably lose out to this one. See if you can find one who will take it on contingency.