Legal Question in Bankruptcy in Georgia

An ex-partner of ours that we have a judgment against filed bankruptcy. We attended the meeting of creditors and showed he was lying about income, assets, expenses, etc. He admitted there were about 15 so called "errors" in his papers. The trustee has objected to the plan and has said the bankruptcy claim should be dismissed or converted to chapter 7. His attorney amended some of the errors, but not most, included income. On paper he said he makes $18,000 from his business monthly, during the meeting of creditors he said it was $33,000+. This still has not been amended, along with other major "errors" His lawyer called us and wants to make a deal that he will pay back a portion of what owes us at $200 a month until is paid off through bankruptcy court. Is this legal? Is he just scared?


Asked on 6/10/12, 5:50 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

No one here knows anything about the case, the plan or your claim (other than your side). Of course making payments in Chapter 13 is legal - that is the purpose of Chapter 13. You are free to object, and take your chances in a Chapter 7 or collecting outside of Bankruptcy if that is how the Judge rules.

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Answered on 6/10/12, 6:22 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If a significant amount of money is involved, you need to shut your computer, retain a lawyer, and file proper objections before you miss the very short deadlines in a Chapter 13. No one here can possibly answer details without seeing the schedules (and analyzing your numbers). You may have altready missed deadlines since the 341 hearing is history, so Monday morning cancel all your plans and see a lawyer that morning.

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Answered on 6/10/12, 9:25 am


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