Legal Question in Bankruptcy in Florida

I won a default judgment in a small claims case in Florida about 10 months ago. The Defendant has recently filed chapter 7 no asset bankruptcy however the Defendant obtained money from me fraudulently. Under 523(a)(2)(A) money obtained by fraud or misrepresentation is not discharged but I have to file a motion with the court to object to the discharge of my debt. Where can I find a motion template for bankruptcy court? Also what exactly needs to be included in my motion? I will be traveling in the near future and will not be able to appear in court, is it appropriate to include my availability in the motion?


Asked on 2/14/14, 11:05 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

You need to hire an attorney to write and file the motion and appear at the motion hearing for you. You've done a good job of researching the statutory law, but the case law that may surround your statute may give you results you don't expect; your lawyer will be familiar with any case law that pertains to your situation, as well as with the statutory law.

To determine whether hiring the lawyer is worth the cost, compare the lawyer's fees and the costs of filing the motion with the cost of having the debtor's debt to you discharged. Does the debtor owe you more than the lawyer would cost? It's worth the cost. If not, you should just write the loss off and move on.

FYI, when you file a motion, you tell the court when that motion will be heard in the Notice of Motion. Thus, it is NOT appropriate to include other dates when you are or are not available.

You can find a bankruptcy attorney through www.lawyers.com or through your local or state bar association.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 2/15/14, 12:26 pm


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