Legal Question in Bankruptcy in New Jersey

Re: Intent fraud prior to bankruptcy

Yes, you can object to the discharge and file a motion citing fraud as a reason you should get paid. If the debtor incurred $2000 expenses on credit within 90 days of his filing a bankruptcy and these are for non-essential services or goods - there is a presumtion of fraud, i.e. these debts were incurred at a time when the debtor knew he was insolvent and had no intention of paying the debt back. You should get an attorney to help you. Also, it depends what kind of bankruptcy the debtor filed. If it was a Chapter 13, you need to file a "Proof of Claim" to have your debt recorded. If it was a Chapter 7, that is not necessary. Also go to the bankruptcy court where the individual filed and get a copy of the bankruptcy petition. Make sure you were listed on the petition as a creditor. If you are not listed, the bankruptcy does not protect the debtor from your collection efforts. If you were listed you should have received a notice of the filing setting forth the dates within which you must object. Again - get an attorney to help you.