Q: Bankruptcy and the trustee, where is the justice?
towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of payment, we finally did a bank levy and did a wage garnishment, which triggered the friend to file bankruptcy, i feel like the trustee was not at all interested in helping the my girlfriend which is the creditor , and he caught the debtor in several lies, toward the end of the session, by the way we did over a zoom meeting, I felt like he was out for the debtor and her lawyer. He pretty much said that she has more debt than she does assets, I know that this is not true, and I asked what will happen, and the trustee said that she is pretty much getting her debt discharged and that we did not need to do anything else and good luck.
A: The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy attorney to file a lawsuit (called an adversary proceeding) in the bankruptcy case within a certain period of time. The notice that the bankruptcy was filed that the creditors receive, include information and deadlines regarding this type of lawsuit. If the creditor has evidence of assets that were not disclosed, I urge contact with a bankruptcy attorney for an initial consultation so see if such a claim can or should be pursued. Some of us offer a no charge half hour consultation which might provide sufficient initial information to determine if there is something to pursue.
Marco Antonio Torres agrees with this answer
A: What is your question?
A: If the discharge is granted to the friend, your girlfriend will be enjoined from trying to collect that debt in the future. Probably should hire a lawyer to see if they can obtain the money for you. It can be a very frustrating process.
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