Legal Question in Bankruptcy in Alabama

I filed bankruptcy in 2009. I completed my terms in August 2012. My lawyer did not file the discharge papers within the thirty day like he should have. This caused a creditor who was listed and notified of my bankruptcy but did not file claim to come after me and garnished my wages. My lawyer is giving me the run around now. What needs to happen?

Asked on 10/23/13, 9:06 am

2 Answers from Attorneys

Mari Morrison Mari Morrison, P.C.

It appears you filed a Chapter 13 payment plan. The discharge papers have nothing to do with the creditor coming after you. If the creditor was listed on the bankruptcy filing and received notice, then the creditor was to submit a claim which would have been included in the payment plan. If the creditor did not submit a claim, then the debt is still owed and there is not much you can do but go back and re-open your case and continue payment through the plan for a longer period of time. This will happen frequently on second mortgages and home equity plans.

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Answered on 10/23/13, 9:31 am
Charles Andersen Charles Andersen, Atty

Please note, I am not an attorney in the state of Alabama, but bankruptcy is Federal Law, not Alabama State law, and this is not a matter of local procedural rules.

If the creditor did not file a proof of claim, and was on the notice list, the creditor's debt was discharged. The court issues the discharge, not the attorney.

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Answered on 10/23/13, 10:23 am

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