Legal Question in Bankruptcy in California
If case was closed and discharged, is it final?
I had filed chapter 7 bankruptcy and received a discharged letter from the U.S. bankruptcy court. But then I also received the adversary conference letter from my creditor's attorney. Do I need to respond to the adversary letter or Is my case considered discharged and closed? When I checked with the court auto information, my status was case closed and discharged. Please help! Thank you.
3 Answers from Attorneys
Re: If case was closed and discharged, is it final?
Yes, you need to respond to the adversary complaint. Even though I discharge may have been received by you, an adversary complaint can still be prosecuted.
Re: If case was closed and discharged, is it final?
What you probably received was not a letter, but a summons and complaint. If you do not properly respond that debt will likely not be discharged. You will need an attorney.
Re: If case was closed and discharged, is it final?
You received an Adversary Complaint objecting to the discharge of a particular debt. You have twenty days to file an Answer. If your debt is clearly non discharge able. You'll need to file an Answer so that you can negotiate a payment plan from a position of strength. And if that isn't possible you may file a Ch. 13, and pay the debt through the BK Court. This is called a Ch. 20 i.e., a seven followed by a thirteen.
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