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My claim was disallowed, the automatic stay was annulled in retro, and my judgment stands do I have to have an adv. proceeding?

Bankruptcy and Debt 6 views 3 answers
What do I do? Will he be able to have my claim discharged? should I have an advosary proceeding to get my judgment declared non-dischargeable? He failed to include me as a creditor, in his Chapter 13 Bankruptcy, even though the divorce proceedings were occurring the same time as his bankruptcy proceedings. I was awarded a divorce judgment, but when tried to file in the state he is living in I was informed he was protected under bankruptcy and was required to file a request for lift of stay and a proof of claim. He also filed a motion to avoid judgment. His motion was denied but the court also annulled the automatic stay retroactively and disallowed my claim. I would like additional advice

Attorney Answers

3
Scott Riddle ·
You post virtually no details about the claims or cases, beyond the fact that it is a divorce issue. You don't need advice from a website - you need a lawyer to handle this. Obviously it has not gone well, so now is the time to make sure the cases are handled correctly.
0 upvotes
Jonathan Warner ·
You're going to need to hire an attorney to file an Objection to the Debtor's discharge. Here, you need to file your Complaint pursuant to Sec. 523(a)(3) of the Bankruptcy Code. Most importantly, however, is that you're going to need to hire an attorney to do this on your behalf. The truth of the matter is that this *is not* a DIY project - it's a niche, specialized area of the law, as well as a specialized sub-area of practice. It sounds like you have a Sec. 523(a)(3) claim, but your first step should be to speak with an attorney before moving forward. Good luck with your case.
0 upvotes

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