LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Bankruptcy Law, Banking and Credit Law Forum > Bankruptcy > Chapter 7 Bankruptcy
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 01-26-2006, 03:16 PM
Junior Member
 
Join Date: Jan 2006
Posts: 1
Default CHAPTER 7 CREDITOR-Help...

I am from Tennessee. I have been reading up on some of the bankruptcy forums and would like some help. The situation is as follows:

I had an accident in which my car was damaged around $4000 worth. I took it to a shop in which the man had his business license to repair cars. He wrote me an estimate of $1500 to repair the vehicle. I turned it in along with other shops in my area. My insurance company wrote me a check for around $3500 in which his name as well as mine was on the check. I stupidly signed the check and handed it to him for his materials and time, etc.. In which he was suppose to produce the remainder of the balance. I know this sounds kind of like fraud, but I had no influence on what amount the insurance company cut me. I took the man to small claims court and won over $4000, due to the man messed my car up worse than it already was and it needed to be repaired again. He had 10 days to pay me or I could garnish his property. I waited 10 days and no response, so I signed a writ of garnishment. His property was garnished and held at the local authorities for sale. During this time period he filed Chapter 7 bankruptcy and his property was returned. He listed me on his unsecured creditor list and went through the bankruptcy process. I know that this debt is currently discharged. But, I also know that I can go back after these funds. I have a still pending judgement against this guy and am pretty sure that this type of debt is not dischargeable. Does anyone have any insight as to what I can do to retain these funds.
Reply With Quote
  #2 (permalink)  
Old 01-29-2006, 07:16 AM
Member
 
Join Date: Dec 2005
Posts: 53
Default

Some questions:

1. What was the value of the property that was garnished?
2. Did your contractor file for bankruptcy before or after your judgement in small claims court? Similarly, when did the filing occur in terms of the judgement?
4. How much did you incur in legal fees while going through small claims court?
5. Was your contractor on your insurance company's list of approved contractors (assuming they have one)?

Thanks!

Brad
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 01:24 AM.

Find Lawyers | Family & Child Custody Lawyers | Divorce Lawyers | Criminal Defense Lawyers
Job & Employment Lawyers | Personal Injury Lawyers | Real Estate Lawyers | Business Lawyers
Immigration Lawyers | Bankruptcy Lawyers | Estate Planning Lawyers | DUI-DWI Lawyers

Marketing for Attorneys | Websites for Attorneys | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.