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

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?

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Attorney answers 6


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


I wouldn't charge you to simply file a proof of claim if you want to email me-

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 you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.


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.


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.


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.


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.