Do I have to respond to Request for Admissions if the debt I am being sued for was discharged in a Chap 7?

Asked over 1 year ago - Marietta, GA

A former attorney is suing me for fees that were discharged in a no-asset/distribution Chap 7. I filed a motion to dismiss and included copy of the creditor matrix and the discharge order.He then sent me a Request for Admissions. He has now filed a MSJ stating that I did not respond to the RFA in time therefore I have admitted to the allegations and the court must therefore grant him summary judgement. I did respond and object to the RFA. But, did I even have to? Can failure to timely respond to an RFA in State Court give life to a debt that was discharged 4 years ago in Federal BK Court? BTW, I fired this attorney. He is well known (I found out too late) for running up huge legal bills and then dumping his clients and then sueing them for fees plus interest. He decided the BK does not app

Attorney answers (5)

  1. Ashley Anne Digiulio

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    Answered . Some judges are unwilling to dismiss just because you were in a bankruptcy. They want to "hear" the case. This attorney is probably hoping you don't hire an attorney. I'm in Marietta and I can help.

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
  2. Glen Edward Ashman

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    Answered . As you heard from myself and attorney Gardner the last time you posted, you NEED a lawyer TODAY. Let me stress that. You likely have a significant claim for damages against the lawyer, and you are blowing it by not making the appropriate bankruptcy court filing. This is one time to get offline, call a lawyer (the best one is the one who did your chapter 7) and you can likely nail the lawyer to a wall and collect a check from him, unless you have left out facts that are not apparent. Time is critical. Do it today.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Robert M. Gardner Jr.

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    Answered . See my post to your other question, but I will also add a few points here. It does not matter if he thinks bankruptcy does not apply. He will find to his chagrin that it does indeed apply and the application can be quite painful. As to the admissions: normally failing to respond to admissions means you have admitted them, which allows summary judgment to be granted fairly easily. That is why you need to have someone file a notice of discharge, motion to dismiss, and protective order in the state court case, while at the same time re-opening the bankruptcy case and filing an action for sanctions.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. Susan Schmeidler Blum

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    Answered . The debt was discharged in your Chapter 7 bankruptcy and the attorney seems to be knowingly suing you on a prepetition debt that was discharged in the bankruptcy. As such he is violating the discharge order. It is likely that you will be able to pursue him for punitive damages. You will need to reopen the bankruptcy case and seek damages. You should speak to your bankruptcy attorney about this action.

  5. Carl H Starrett II

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    Answered . Why are you addressing this in state court? If the debt was discharged, you should file a motion to reopen the bankruptcy and then file a motion to hold the creditor in contempt for violating the discharge order. You should call a bankruptcy attorney right away for help.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more

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