Legal Question in Bankruptcy in Pennsylvania
Letter to the Judge
Example: Person in their 40's who lives at home with their parents, does not contribute to household expenses, works VERY sporadically as a temporary. No permanent job in at least 8 years, does not actively look for a job because they are just simply lazy. Filing for bankruptcy because of credit card debt. Seems like fraudulent bankruptcy because they do not know from one week to the next if they are going to be working. Can an interested third party write a letter to the judge, stating the facts as listed above, requesting that the judge take them into consideration before clearing the debt?
1 Answer from Attorneys
Re: creditor's rights in bankruptcy
There is no requirement under the bankruptcy code that a debtor actively seek employment or earn a certain wage. As long as he discloses accurately his actual income derived sporadically, as well as his actual expenses, he may be entitled to a discharge.
As a creditor, you have certain rights, but they do not include writing to the judge. The only method for contesting any matter, or bringing it to the court's attention, is by filing a proper pleading. In this case, a Complaint Objecting to the Discharge could be filed, but must be done within 60 days after his Meeting of Creditors.
You should contact an experienced bankruptcy attorney immediately to determine if you wish to exercise your options.
I trust this has been helpful, but feel free to call or e-mail with any questions as a free initial consult.
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