Legal Question in Bankruptcy in New York

Adversary proceeding

How would i remove a debt listed on my bankruptcy that is in an adversary proceeding at this time .can i petition the court to do so with out the other attorneys agreeing to this .we have been fighting it but it is very costly and would like to end it .is there any way to remove it now


Asked on 11/09/04, 8:12 am

3 Answers from Attorneys

Jay Fleischman Shaev & Fleischman LLP

Re: Adversary proceeding

It sounds as if you are now willing to remain legally liable for the repayment of the debt in spite of your bankruptcy filing. If this is the case, then you should tell your lawyer. Agreeing to remain liable will end the need for the adversary proceeding; you will, however, be required to repay the debt following your bankruptcy.

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Answered on 11/09/04, 10:33 am
Frank Loscalzo Law Office of Frank Loscalzo

Re: Adversary proceeding

I take it you are trying to get away from your attorney, and theirs.

Settling the adversary proceeding will have the same effect as what you are seeking to do.

But keep in mind, you will still owe the accumulated attorney fees to both attorneys.

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Answered on 11/09/04, 6:28 pm
Jacob Silver Attorney At Law

Re: Adversary proceeding

I suggest that you Keep fighting the Adversary Proceeding.

Most of them are frivolous, and you may be able to get attorneys fees and costs if you win under Section 523(d) of the Bankruptcy Code.

I take a "No Settlement Policy" toward these cases, and I fight these cases aggressively by

Filing counterclaims against the credit card company for costs.

Best of Luck

Jacob Silver

Attorney At Law

26 Court Street

Suite - 1215

Brooklyn, NY 11242

(718) 855-3834

(718) 797-4141 - Fax

[email protected]

www.silverbankruptcy.com

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Answered on 2/11/05, 2:15 pm


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