Legal Question in Bankruptcy in New York
Adversary proceeding
How would i remove a debt listed on my bankruptcy that is in an adversary proceeding at this time .can i petition the court to do so with out the other attorneys agreeing to this .we have been fighting it but it is very costly and would like to end it .is there any way to remove it now
3 Answers from Attorneys
Re: Adversary proceeding
It sounds as if you are now willing to remain legally liable for the repayment of the debt in spite of your bankruptcy filing. If this is the case, then you should tell your lawyer. Agreeing to remain liable will end the need for the adversary proceeding; you will, however, be required to repay the debt following your bankruptcy.
Re: Adversary proceeding
I take it you are trying to get away from your attorney, and theirs.
Settling the adversary proceeding will have the same effect as what you are seeking to do.
But keep in mind, you will still owe the accumulated attorney fees to both attorneys.
Re: Adversary proceeding
I suggest that you Keep fighting the Adversary Proceeding.
Most of them are frivolous, and you may be able to get attorneys fees and costs if you win under Section 523(d) of the Bankruptcy Code.
I take a "No Settlement Policy" toward these cases, and I fight these cases aggressively by
Filing counterclaims against the credit card company for costs.
Best of Luck
Jacob Silver
Attorney At Law
26 Court Street
Suite - 1215
Brooklyn, NY 11242
(718) 855-3834
(718) 797-4141 - Fax
www.silverbankruptcy.com
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