Legal Question in Bankruptcy in California

Creditor petitioning to have their debt non dischargeble

Two debtors have filed that I used the credit card in the last 180 days with the intention of not paying back and therefore their debt should not be discharged and that they be allowed to take me to court for loss attorney fees etc.

I filed a response to the bankruptcy court, the credotor and the trustee stating my version of the facts and identifying that I had every intention to pay at the time the debt was incurred and had investment in the stock market that i was to cash and even sent the stock price at the time of debt incursion and the stock price drop right after the fact.

I filed the response and have date for each of these creditors given to me by the bankruptcy court. I have also recieved from on of the creditors attorney papers to the fact that they want all kind of finaincial papers and want me to answer a ton of questions in this regard and I have thirty days to do so.

I dopnt know if I should call the creditor or the attorney for a settlement. If the court decides not to discharge the debt than what happedns I have a seperate case in a different court?


Asked on 11/23/02, 4:22 am

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Creditor petitioning to have their debt non dischargeble

If the debt is found to be nondischargeable you will owe whatever portion of the debt is found to be nondischargeable. The creditor can then take whatever steps to collect on that portion of the debt as is allowed under California law.

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Answered on 11/23/02, 12:16 pm


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