Expert: Mark J. Markus- California Bankruptcy Attorney - 1/27/2009

Question
I filed a chapt 13 to save my personal residence, then when I couldn't make the payments I converted to a chapt 7 with no assets and let the house go. I've had my 341 meeting. I've lost my investment properties to foreclosure.

I just found out that an adversarial filing has been filed to prevent discharge of one of my other "creditors" claiming fraud. (I had him evicted for dealing drugs in one of my properties. He wasn't making rent payments, so I lost the property.) His attorney has stated patently false (provably false) statements in the adversary proceeding.

How long does this delay the discharge and what happens next?

Do I have to file anything to object to their misrepresentations or will it be heard in court?

How far from now would the court hearing be if there is one?

Answer
If I understand you correctly, one of your creditors is objecting to the discharge of their debt, presumably pursuant to 11 USC 523, and has filed an adversary proceeding on the same in your Chapter 7 case.

This should not delay the discharge of any debts other than that one, unless it was joined with an action under 11 USC 727 to deny discharge.

In any event, yes, you must timely file an Answer (or other responsive pleading) to the Complaint and then proceed to either settle or go to trial on the case.   I HIGHLY recommend that you hire an attorney to represent you.