Southport, NC asked in Bankruptcy for North Carolina

Q: If the trustee recommends a chapter 7, what can you do as a creditor do?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Bankruptcy Lawyer
  • Licensed in North Carolina

A: A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a report of no assets. You can try to object to having your debt discharged, but very few debts can be excepted from discharge. You may want to have a consultation with an attorney to look over the specifics of the debt this person owes to you and glance over their bankruptcy petition and schedules to see if there is any ground for objecting to discharge. This usually takes very little time, and it should not cost very much to get a specific opinion.

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