Discharged and now sued?
Date: Wed, 09/09/2009 - 13:24
your lawyer should be ashamed of themselves.they helped you file
your lawyer should be ashamed of themselves.they helped you file BK.if any creditors on the petition sue.it should be their duty to assist.you can contact the BK trustee and let them know too,but your lawyer should be there for you.
Thanks! That's pretty much how I feel about it! Would the BK tru
Thanks! That's pretty much how I feel about it! Would the BK trustee be on the final paperwork? It's odd, these guys have tried to sue us before using their insurance comp. lawyers, I wrote up the response letter myself(I have a paralegal degree), and sent it to them and they dropped the case as we were not liable, it was an accident, the brakes went out in my vehicle and bumped into the back of these people's Suburban, my vehicle had been serviced prior by professionals, and it was not intended or expected, it didn't even leave a dent in their bumper and the medical expenses they had were less than 4,000, that included supposed damage to the vehicle, but she now claims that she is injured for life and cannot do anything incliding work, or take care of her husband in a wifely manner, etc... We included them and the accident in on the bankruptcy 3 yrs. prior, just in case, and even so, they have now filed a new suit for the same accident with a different attorney and now against their old insurance company as well...I think this new attorney should know better, as we have informed them that the bankrupcy was completed, gave them the case number and the date, and they still will not remove us from this law suit??!! UGH!? Do they have a case against us that I am not aware of, or should it be done?
I assume you have your BK paperwork which is proof that this deb
I assume you have your BK paperwork which is proof that this debt was discharged. Worst case would be to show up in court and show the judge that the debt was wiped away in bankruptcy. The judge can't undue the discharge. If I were you, I would make it clear to the judge that you had notified the plaintiff numerous times about the BK. The judge will likely not be happy that the creditor tried to pull this sort of thing.
Thanks! We do have the papers, I am going to try one more time t
Thanks! We do have the papers, I am going to try one more time to send another copy of it to their lawyer and notify them to get us off of their lawsuit, or I will try to notify the BK trustee like paulmergel wrote, and notify the judge of the BK and the one for this lawsuit. I already sent copies to the plaintiff, their attorney, and the court, so it still surprises me that we were not taken off of this? The plaintiffs never accepted theirs from priority mail, it came back to us, but the others recieved theirs... It's just odd, that they will not take us off of this! Thanks, like you said worst cae scenerio, I'll take the papers with me to court and again, let them know that this has already been discharged...Thanks so much for all your help!!