Legal Question in Bankruptcy in Maryland

Creditor's Rights in a Bankruptcy Filing

What rights does a creditor have when a person files Chapter 7? Are persons suppose to be unable to pay their debts in order to file bankruptcy? I won a judgement and the person file for bankruptcy - Chapter 7.(I'm sure only to avoid paying me the money owed)Is there any way at all I can collect on this judgement. He has no assets, and he does not have any real monthly debts, i.e. mortgage payment, car payment, child support etc. Since he is employed - and could pay the judgment, how is he allowed Chapter 7? Will he have to prove to the bankruptcy court that he is unable to pay the judgment?


Asked on 5/25/03, 2:33 pm

2 Answers from Attorneys
Maryland Bankruptcy MarylandBankruptcy

Re: Creditor's Rights in a Bankruptcy Filing

Creditors have rights to contest Bankruptcy Filings which are dependent upon the grounds that are found in the Bankruptcy Code. Free Telephone Consultation 410-484-4900

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Answered on 5/26/03, 8:42 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Creditor's Rights in a Bankruptcy Filing

Creditors have a right to a lift of the automatic stay and to petition for non-removal of the debt during discharge. A creditor should remain as active during a bankruptcy proceeding as a debtor. It appears that most of the creditor rights have lapsed for your case. Post-petition debt or revivals are possible for collection. Contact an attorney. (410) 799-9002

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Answered on 5/27/03, 9:59 pm


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