Legal Question in Bankruptcy in California

I filed Chapter 7 bankruptcy & one of my creditors filed an Adversary Complaint. I have been fighting to keep this debr in the bankruptcy however now I just dont care and want to leave the darned debt on my credit...just want this to end. How do I just leave it on my credit now that the BK has been completed adn there is an Adversary Complaint out there?


Asked on 9/21/09, 7:57 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It's not just a debt. If the BK court awards the adverse party a judgment against you, the debt would not be discharged and the creditor would be free to resume collection efforts -- for up to 10 years from the date of the entry of judgment. Then the judgment could be renewed for another 10. All the while, the debt accumulates 10% simple interest annually (or more depending on the agreement). So, it's not always wise to ignore those things because they can snowball.

If you ignore the adversary action, the court likely will agree with the judgment creditor and deem the debt nondischargeable.

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Answered on 9/22/09, 3:06 am


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