Legal Question in Bankruptcy in Texas

2004 exam

I am a creditor in a bankruptcy case and would like to request a 2004 exam. Is there a form for this or what do I need to do? I'm retired on a disability pension and don't have a lot of money for an attorney. I would also want to file a complaint of dischargeability. Any help would be greatly appreciated, this is about my ex owing me a lot of money and not wanting to pay.

Asked on 5/17/08, 10:45 am

1 Answer from Attorneys

Rustin Polk

Re: 2004 exam

The best way to handle it depends on whether it is a Chapter 7 or a Chapter 13 case.

In a Chapter 7, you file the complaint and set the 2004. This should only be done after the 341 hearing, and you will be at a disadvantage if you skipped that hearing.

In a Chapter 13, you have to object to the classification of your claim under the Plan, and/or object to Confirmation.

In either type of proceeding, the questions you'd be raising will vary depending on just exactly what grounds you think make it non-dischargeable. There are several reasons it might be non-dischargeable but the types of proof required vary for each of them.

In order to get a more specific answer from an attorney, you will have to state:

1) Whether it's a 7 or a 13;

2) Whether the 341 has occurred and what was discussed at it;

3) Which of the several sections of the Bankruptcy Code you believe makes this particular debt non-dischargeable; and

4) How much money is at stake.

Rustin Polk //

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Answered on 5/17/08, 12:26 pm

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