Legal Question in Bankruptcy in California

I've got a creditor sending me a summons for a request for dismissal after my Chapter 7 bankruptcy. I've had my 341 and completed my second ceritifacation. My 341 meeting was on May 28. What should I do?

Asked on 7/21/15, 12:12 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It sounds like a creditor is asking the court to determine that your debt is not dischargeable for some reason. If it is an unsecured creditor, i.e. not a car loan or home mortgage, the standards are very high to make it not dischargeable. These could be for fraud, child support, intentional injury to another person or entity, etc. It also appears that the creditor filed the paperwork just before the deadline. You should still receive your bankruptcy discharge, but that debt will remain in question for a while. You should speak with a lawyer in your area right away about fighting it. If you ignore it, the creditor will win.

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Answered on 7/21/15, 9:44 am

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