Results 1 to 5 of 5

Thread: excluding debts from bankruptcy filing Oregon

  1. #1

    Default excluding debts from bankruptcy filing Oregon

    We filed a small claims case in Oregon against a debtor. His attorney phoned us to say that the debtor declared bankruptcy, but that the debtor failed to include us in his filing because he "could not figure out how to contact us". We have not moved and have the same phone numbers, so it would have been easy to contact us. His attorney told us that we can not contact him regarding the debt, collections or the small claims case or it will be considered harrassment. I believe that he intentionally excluded our debt from his bankruptcy filing. Can we pursue a small claims judgement against him?

  2. #2
    Moderator
    Join Date
    Sep 2006
    Posts
    1,335

    Default

    Sounds fishy. First, the attorney should be sending you a copy of the bankruptcy filing, and discharge, if their debts have been discharged. If they failed to list you in the bankruptcy and it's been discharged, I think (check on this) that you can still pursue them. Did the attorney give their name and contact number? You need to be notified in writing. Or the guy's having a buddy call you and try to get rid of you by pretending to be an attorney.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  3. #3

    Default

    We received a letter from the debtor's lawyer with a copy of the bankruptcy filing in April 09. The bankruptcy was finalized in October 08. The debtor has been in collections since April 08 - so they knew about this before filing for bankruptcy. We recently filed a small claims case against the debtor and he was just served the papers. I think this is what prompted the lawyer to contact us.

  4. #4
    Moderator
    Join Date
    Sep 2006
    Posts
    1,335

    Default

    I found an answer on a website http://www.bklaw.com/creditor_information/, scroll down, 3rd question from the bottom. I didn't want to search the forum rules on quoting/copying. Looks like if there were assets distributed, you can still collect, but if it was a "no asset" bankruptcy, you can't.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  5. #5
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,902

    Default

    Agree, if it was a no asset case, there would be no assets to distribute or collect the debt from.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

Similar Threads

  1. Replies: 0
    Last Post: 06-26-2006, 04:32 AM
  2. What are the consequences of filing for bankruptcy? Oregon Oregon
    By qacrawler in forum Oregon Bankruptcy Law
    Replies: 0
    Last Post: 06-26-2006, 04:01 AM
  3. What is a Bankruptcy Discharge? Iowa
    By qacrawler in forum Iowa Bankruptcy Law
    Replies: 0
    Last Post: 06-24-2006, 12:43 AM
  4. What are the consequences of filing for bankruptcy? Iowa
    By qacrawler in forum Iowa Bankruptcy Law
    Replies: 0
    Last Post: 06-24-2006, 12:42 AM
  5. What Debts are not erased by a Bankruptcy?
    By Tom in forum Bankruptcy Law
    Replies: 0
    Last Post: 01-26-2005, 01:15 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •