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

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. Best answer

    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, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.


  2. 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. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.


  3. 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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  4. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  5. 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.

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