Legal Question in Bankruptcy in California

I have been given discharge of debts by chap 7 court, except one debt was challenged by car company for dischargeability. ( based upon fraud and also malicious injury. both false) I answered their bogus complaint and the court has ordered us to mediate by Nov 1. I am sure they will NOT settle in mediation because they are dicks. They also got an order for relief from stay and are trying to take back the car and collect the debt now with a state court suit of claim and delivery and also conversion.

I want to pay them the fair market value of the car but they refuse to settle. they want to defeat my discharge, take back the car, and get a huge deficiency lien to boot.

I heard I can always file a chapter 13 and then get the court to cramdown their loan to market value and force them to sell it to me with no deficiency. BUT. I fear maybe there is a rule that prevents me from now filing the chapter 13 because the chap 7 still has this one matter outstanding so is not really and truly completely closed or finaled. BUT the only debt I have remaining is this car loan and since the chap 13 would be asking for help in paying it, maybe the system will let me do this. If they succeed in taking back my car and getting a deficiency lien on me BEFORE the BK court rules on their denial of discharge complaint, maybe I am screwed. but maybe they cannot get a lien if the BK court rules my discharge is granted. It is a timing thing now. I want to use the chap 13 to stop their State court suit until I can get a favorable ruling from BK court on the discharge. So I need to know if it is legal for me to now file this chap 13?


Asked on 5/23/12, 8:45 am

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

I have been given discharge of debts by chap 7 court Really, you need to retain an attorney at this point in time. The matter appears to be way over your head.

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Answered on 5/23/12, 9:52 am


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