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Discharged and now sued?

Submitted by on Wed, 09/09/2009 - 13:24
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We filed bk 3 years ago, and now one of the people that we filed against has a lawsuit with us on it for the same thing that we filed against? We've told them to take us off of it, because it was already discharged, and they cannot do this legally, we're really surprised that their lawyer even approved to have us on this lawsuit, knowing that it is illegal, and our BK lawyer acts a if we're a pain in his butt every time we try to bring this to his attention for his help to get them to take us off of this...What can I send to them to get them off our backs and get us off this lawsuit or can we counter-sue? HELP!!! Thanks!


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?


Submitted by on Wed, 09/09/2009 - 18:33

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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.


Submitted by clovisca1949 on Wed, 09/09/2009 - 23:40

clovisca1949

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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!!


Submitted by on Thu, 09/10/2009 - 06:43

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