How do i file a proof of claim in a Chapter 7 filing with a hearing of creditors schedutled for October 15th?

Asked over 1 year ago - New York, NY

The day after my $80K judgment was issued, the defendant filed for Chapter 7!
I say this is fraudulent.
What do I do now?

Attorney answers (6)

  1. Michael Hal Schwartz

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . There is fraud and then there is fraud under the bankruptcy code. You need to bring your complaint and judgment to a bankruptcy attorney.

  2. Robert A. Stumpf

    Contributor Level 18

    4

    Lawyers agree

    Answered . I wouldn't charge you to simply file a proof of claim if you want to email me- Robstumpfesq@gmail.com

    whether it will actually yield you any return, as my colleague says, its another story.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more
  3. Michael A. Koplen

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Simply filing bankruptcy after receiving a judgment is not necessarily fraud, and may not be fraud at all. On the other hand, there are a number of other facts that have to be examined in order to get the whole picture and make the proper determination. You might want to bring your claim to the attention of the trustee, for starters. Trustees usually have a good nose for actual bankruptcy fraud.

  4. Bruce Laurence Weiner

    Pro

    Contributor Level 3

    4

    Lawyers agree

    Answered . You do not need to file a claim unless you received a notice in the case that there are assets and creditors should file claims. You do need to consult with a lawyer about the circumstances of your debt and the debtor to see if you have the basis for an action to declare your debt not discharged in bankruptcy because of fraud or if the debtor should not receive a discharge because of fraudulent behavior. I agree with my colleagues that simply filing after the judgment is not enough to prove fraud.

  5. Michael David Siegel

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Your judgment will likely be discharged unless you object to discharge. This is a case within the case. The deadline for this is based on the filing date. The creditors meeting and proof of claim are irrelevant facts. Do nothing and you will get nothing.

  6. Deborah F Bowinski

    Contributor Level 16

    3

    Lawyers agree

    Answered . The mere fact that someone files bankruptcy after a judgment has been entered against them is not fraudulent. There are many more factors that go into the determination of that issue.
    In a chapte 7 bankruptcy, filing a proof of claim rarely results in anything sickness most cases do not have assets that get distributed to creditors. If what you really want is a ruling that your debt is not discharged in the bankruptcy then you must be prepared to file an adversary complaint in the bankruptcy court and litigate that claim in front of the bankruptcy judge.

    My suggestion is that you consult with a bankruptcy attorney experienced in creditors' claims to evaluate whether there are claims of fraud worth bringing in the bankruptcy court.

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