How can we get our money? Because he supposed to pay a lot of money. Please help!
2007-10-29 20:37:07 · 8 answers · asked by tammy 1 in Politics & Government ➔ Law & Ethics
You will have to file a claim in bankruptcy. If this is a lot of money, contact an attorney to help you file the claim.
2007-10-29 20:41:51 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
You should file a claim. Usually a claim form is included with the official Notice of Bankruptcy you receive from the U.S. Bankruptcy Court. If not, you can get a claim form on the Internet at this website: http://www.uscourts.gov/rules/BK_Forms_08_Official/Form_10_1207.pdf
You should get a copy of the bankruptcy petition and review it. In some circumstances, you may get a recovery, especially if you are a secured creditor. The attorney for the debtor may provide you with a copy, or you can get a copy after paying a fee to the Clerk of the U. S. Bankruptcy Court.
If you are an unsecured creditor, you may end up getting nothing. Sometimes the bankruptcy will provide for either full or partial payment. An analysis of the bankruptcy petition could give you an idea as to whether or not you will get paid.
You are not permitted to contact the debtor while he is protected by the Automatic Stay. If you do contact the debtor, you risk being held in Contempt of Court.
You may want to attend the Section 341 (a) meeting to get a good idea of the debtor's finances. Often a debtor may "reaffirm" the indebtedness, but that usually occurs only when the debt is a secured claim -- like when the debtor needs to keep his car so that he can commute to work.
2007-10-30 06:13:12 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
You will have to wait till his bankruptcy goes through. You can get a lawyer now, but he will tell you that you will have to wait till then. You should be receiving some papers describing the bankruptcy and there should be at least one paper for you to sign to file your claim with whomever he has filed his bankruptcy. Then it's just sit and wait till his assets are divided up among all of the people he owes money to. If you do not receive anything on his bankruptcy, then you can take his bill to a lawyer and find out what your next step is.
2007-10-30 07:37:19 · answer #3 · answered by Tyrian 2 · 0⤊ 0⤋
You can't do a damn thing. And you can not contact him at all! You may only contact his lawyer/attorney. If he has assets, it can be divided between the creditors, but if not, you are pretty much SOL, and wil have to write it off. :(
by the way...how were you notified of his filing? Were you mailed anything by the courts? If not, you may not have been included in it. When I filed a bancruptcy, I didn't include all my debts, only some of them. The others I continued to make my payments to. Something to look into.....
2007-10-30 03:47:56 · answer #4 · answered by Clovie 4 · 1⤊ 0⤋
It depends . . . if he listed you as a creditor on his bankruptcy filing then you will be given an opportunity to address the judge and the judge will make the decision as to what is to be repaid. If he did not list you, he is still liable for the full amount. However, he can amend the bankruptcy filing process to add you if the judge approves.
2007-10-30 03:48:13 · answer #5 · answered by CHARITY G 7 · 0⤊ 0⤋
You cant do anything at the moment. Their assests will be seized and the money from that will be divided up among his creditors. I dont know how or who decided who gets the money but i would give your soliciter a call and get some legal advice
2007-10-30 03:42:31 · answer #6 · answered by hinder2angel 2 · 0⤊ 0⤋
You'll receive information from the court if he named you as a creditor. If he did there is nothing you can do until the court decides the case. If he didn't then you can try to collect it since you were not included in the bankruptcy. Good luck.
2007-10-30 03:44:33 · answer #7 · answered by Robert P 5 · 1⤊ 0⤋
Much depends on the kind of bankruptsy this guy filed.
2007-10-30 07:45:52 · answer #8 · answered by WC 7 · 0⤊ 0⤋