Quick Answer: After Chapter 7 bankruptcy, debtors should not ignore adversary proceedings from creditors like American Express challenging debt dischargeability. The debtor should immediately contact their county bar association for Legal Aid referrals or seek pro bono bankruptcy attorney representation to properly respond to the $10,000 disputed debt claim.
“Dear Jeremy,
I am disabled with no job for 5 years now, and living on limited S.S. Disability benefits which is not even enough to pay my monthly mortgage. I (only me, my wife is out of the country) filed Ch.7 bankcruptcy almost 4 months ago and still awaiting for the discharge which is hopefully happening very soon. One of the creditors, American Express, who did not appear at my Creditors Meeting, files through their collection agency, an adversary summons – complain to determine dischargeability of my debt to them. The account belongs to my wife who has been away for 1.5 years with no assurance if she ever comes back to US. I am the one who uses this account which now has around a disputed amount of $10,000.
Buddy”
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Dear Buddy,
I commend you for making it this far on your own in a bankruptcy. That is no small feat. As you know it is a highly technical procedure with many traps for the unwary.
This move by American Express, however, will require that you consult with an attorney in your area for assistance. You do not want to ignore the filing by American Express. And you need someone to look at the actual documents that were filed before they could advise you on how to respond.
Call your county’s bar association and ask them for a referral to a Legal Aid organization. If that doesn’t work see if a local bankruptcy attorney would represent you for a reduced fee or pro bono if all that is needed is to file a response to American Express. Explain to them that you are already 4 months along in your Chapter 7. I wish you luck and hope your discharge happens soon as well.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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