Q: Had a client file bankruptcy said to me that i was included in this. however i was never informed.what can i do
A:
A: First you should confirm that you were not included. Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents. If you are a secured creditor look at schedule D. If you are a unsecured creditor look at schedule F.
-If you were included, then you should keep in mind that unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most you can do is file a Proof of Claim and pray.
- If you were not included, you can still proceed against the Debtor, pursuant to alternate remedies available.
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