Legal Question in Bankruptcy in New York

No Asset Chap 7 Bankruptcy Creditor Problem

I received my Discharge but still dealing with an issue and attorney has not been much help. During my financial problems I sold property to someone that had a valid lien on it. Bank froze account and I could not pay the lien off. Person knew property had a lien so no deception there. Now property to be repossessed and I do not have funds to pay person who bought the property. They knew of my filing but did not come forward to petition court. Attorney had advised me not to list them as creditor. He told me that all debts were discharged regardless of whether creditor was listed or not especially if they knew about the filing before the discharge. Where does this put me legally? I just do not have the money to repay this person. Can lien holder go and get the property? Attorney told me not to tell them where it is. I am very confused and wonder if this should not have been handled by the bankruptcy court. I just do not know what I should do. Can someone advise.


Asked on 4/24/08, 7:34 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: No Asset Chap 7 Bankruptcy Creditor Problem

You are apparently currently represented by an attorney, which puts the rest of us into a sticky spot: another lawyer cannot advise you. You must work with your current attorney or, if you are unhappy with the representation, terminate your relationship with the attorney who currently represents you and only then seek alternate counsel.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 4/24/08, 9:51 pm


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