Legal Question in Bankruptcy in Maryland

personal bankruptcy

A buseness associate overcharged the credit card co-owned by us and dissapeared. She later filed a personal bankrupcy in New York (city, no further details known to me). How can I find where she filed the case and how can I get a copy of all her paper work? I have paid all her debt and settled the case with the bank that issued the card. But I would like to find where she is and have her to pay for all the losses. The bank does not want to give me any info related to this person, even her SSN and old address.


Asked on 1/14/02, 1:04 pm

3 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: personal bankruptcy

If she filed bankruptcy, you cannot collect this debt unless you can establish that it was incurred by fraud, and do so in a timely manner. You can pull up filing info from the court in NYC at www.nysb.uscourts.gov, but you will have to get a PACER password first. You should speak with a bankruptcy lawyer in NYC immediately, as the deadline for seeking an exception to discharge is very short.

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Answered on 1/14/02, 1:21 pm
Alton Drew Alton Drew, LLC

Re: personal bankruptcy

There are three bankruptcy courts in New York State. Their web sites are www.nynb.uscourts.gov; nysb.uscourts.gov; and www.nywb.uscourts.gov. You may want to call the clerk of the court for each court since you don't know which city your former business associate filed in and give them your former business associate's name as the debtor. They should be able to give you some information from the filing.

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Answered on 1/14/02, 1:40 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: personal bankruptcy

Depending on the stage of the bankruptcy proceeding, you may or may not be able to

recover the funds paid. An exception to discharge or late filing of a claim is often not

easily obtained. Swift action is needed on your part. I suggest contacting a lawyer in

New York to pursue filing a claim against your associate's bankruptcy estate and you should not

delay.

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Answered on 1/14/02, 3:08 pm


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