How to Seek a Court a Ruling on Whether a Debt Was Discharged

**itisup2us** · 06-20-2012, 11:09 AM

There an ole saying, Choose your battles carefully, so you lawyer might have actually gave you sound advice regarding the expense of fighting the claim vs. simply paying it. And it sounds like you kinda agreed at the time, but Pro Se is not really an option I would consider spending my time and resources pursuing, not worth the time and aggrevation. I know it is probably not what you want to hear but just let it go and get back to enjoying life and spend that money you would have to use fighting this matter on your kids.

**Novice** · 06-20-2012, 11:10 AM

"but you refused to object to the action. I seriously doubt you have any recourse at this point. "

Thank you - this helps to clarify the matter.

"and you didn't refuse to object because you didn't believe you were being wronged (you specifically state you were aware of it being an improper action) but only because it would cost you money to object. That is a huge difference"

Understood as well. This is what I was advised to do by my attorney. I didn't have money to pay him to challenge it, and he knew that. I questioned this in the first place because it's a Bankruptcy case, and I would imagine that this type of thing might happen very frequently if a creditor can get away with abusing the system just by knowing that the debtor can't afford to defend him/herself against it. I was hopeful that there might be some sort of protection afforded within the Bankruptcy code that I was not able to find on my own.

**Mr. Knowitall** · 06-20-2012, 07:14 PM

I am a bit skeptical of your idea that the attorney fee award to your ex- will be dischargeable (see, e.g.), and would be interested in hearing the facts and your bankruptcy law argument.

Was this a zero assets Chapter 7? Has the money been collected or not, and if so when relative to the discharge?

**Novice** · 06-21-2012, 08:18 AM

Mr. Knowitall,

Thank you for your interest. I would like to hear your opinion on the complete facts, but I'd rather not get that specific in the public forum.

jk · 06-21-2012, 08:35 AM

Quoting Novice

Mr. Knowitall,

Thank you for your interest. I would like to hear your opinion on the complete facts, but I'd rather not get that specific in the public forum.

You do realize the entire BK file is open to the public, right? Head on over to Pacer to check it out.