Defending a Dischargeability Action in Chapter 7

Categories: Bankruptcy Law Overview, Chapter 7

At times our clients will sail through their bankruptcy case without any offense from their creditors.  At other times, it seems that our clients must fight for their rights. If you’re among the unfortunate debtors who find themselves being sued in their Chapter 7 bankruptcy case you cannot ignore the Summons and Complaint.  If you’ve hired an attorney to represent you in your bankruptcy case, their firm may not be equipped to defend your litigation case and may need to refer you to an attorney prepared to litigate your dischargeability action.

The most important thing you should know is that you need to act quickly as the Rules require an answer usually within 30 days.  The more you know, the better your defense strategy will be.  It’s interesting to note that as the economy continues to weaken our bankruptcy courts are being clogged up with more frivolous complaints than ever before.  Our bankruptcy judges are taking notice of this trend here in the Central District.  A Savvy litigation attorney will not only effectively defend you against any Creditor opposing your discharge, they may also be able to recoup your fees and costs to defend your case.

I know you’re first reaction is to panic and think that your bankruptcy case will fail because you’re being sued.  Relax and be sure you obtain competent counsel to represent and defend your case.  The law is on your side in most cases. 

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