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.
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.
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 firstname.lastname@example.org 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
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.
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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.