Creditors and Bankruptcy/creditor notification

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Expert: Regan Shinski - 1/25/2010


Question
Hi Regan, I won a judgement for a personal loan against someone. While in the process of trying to collect said judgement, I received a "Discharge of Debtor" notice. The person that owed me had filed for Chapter 7. That is the only notice I received. I found out that I was added as a creditor on a Schedule F one week before the case was closed. I understand that I should have been served with the Schedule F amendment, the notice of meeting of creditors and deadlines, notice of deadline to object to, and any other document affecting the rights of the added creditors. I received none. Do I have any rights that I may exercise to overturn the discharge under these circumstances?

Answer
Hi Jesse:

Sadly, very little rights.  You can file a motion with the court stating you were not notified.  The problem you may have, is that it likely would not change anything.  You have an unsecured debt.  You motion, even if granted, only allows you to basically line up if there were any assets to be disbursed.  If all debts were discharged, you would get your hearing and the debt promptly discharged anyway.

I'm not saying it's totally impossible, just trying to give you an idea of what you are facing.  The court itself may be able to provide you with some basic information and forms.

Good luck.

Regan

Creditors and Bankruptcy

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Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA - University of Minnesota

Past/Present Clients
(private)

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