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  1. #1
    Join Date
    Oct 2006
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    UTAH
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    178

    Default Promissory note in Chapter 7 Bankruptcy

    I am a loss prevention detective and had been trying to catch an adult femle for over a year. She was stealing merhandise and returning it or keeping it for her own use. I had a few incidents recorded of her stealing but was unable to stop her because i was missing one of my 5 elements needed to make an stop. I did catch her about 4 weeks ago stealing over $130 worth of merhandise and even using some wire cutters to defeat our EAS sensors. I interviewed her and got her to admitt to causing a loss of $3500 to our company over the last 15 months. We did a prommisary note and made payments of just under $300 a month for 12 months to pay it in full. Well when it came time to get the first payment I get a letter from her stating she has filed chapter 7 and added our $3500 she owed us in it. SO here are my questions... 1) can she add this $3500 if it is because of crimes she committed and not shopping debt? If not how do i get in contact with someone to let them know she filed a false debt? 2) If she can add us even if it is to pay back crime debt, is there anything else we can do?

    Thansk for any info

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Prommisary note with chapter 7

    What does the promissory note say about the reason money is owed? Does it, for example, state that she is repaying the store for stolen merchandise?

  3. #3
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    UTAH
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    Default Re: Prommisary note with chapter 7

    Quote Quoting aaron
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    What does the promissory note say about the reason money is owed? Does it, for example, state that she is repaying the store for stolen merchandise?
    I am off to work right now. I will bring it home tonight and type up what it says thanks.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Prommisary note with chapter 7

    I think I know where this was going - debts relating to intentional misconduct are not normally dischargeable in bankruptcy. If you had language indicating that she was paying back amounts she stole, that's pretty good evidence that the debt should not be discharged. If not you can still present evidence that the debt should be treated as nondischargeable. The notice of bankruptcy proceedings will inform you of the time and place for the creditor's hearing, where your company can argue that the debt should not be discharged.

  5. #5
    Join Date
    Oct 2006
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    UTAH
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    Default Re: Prommisary note with chapter 7

    Quote Quoting Mr. Knowitall
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    I think I know where this was going - debts relating to intentional misconduct are not normally dischargeable in bankruptcy. If you had language indicating that she was paying back amounts she stole, that's pretty good evidence that the debt should not be discharged. If not you can still present evidence that the debt should be treated as nondischargeable. The notice of bankruptcy proceedings will inform you of the time and place for the creditor's hearing, where your company can argue that the debt should not be discharged.
    thanks.. I just found out that information and we are hoping to get the info to go to that date. But she just sent us a letter saying she filed and owed us nothing.. Maybe see really did not.. is there anywhere i can find that out at? Also I found out she might have committed to this debt after she already started her paperwork for bankruptcy.. I was told that is also not allowed. Thanks for the info

  6. #6
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Prommisary note with chapter 7

    Bankruptcy court records are public records, so anybody should be able to go to the courthouse and see the file if they are so inclined.

  7. #7
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Prommisary note with chapter 7

    Quote Quoting aaron
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    Bankruptcy court records are public records, so anybody should be able to go to the courthouse and see the file if they are so inclined.
    really? will these records show when the court date is for the crediters? And i have no idea where the courthosue in utah is for bankruptcy.. any help with that

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Prommisary note with chapter 7

    As was indicated above, if you are listed as a creditor you will be notified of the date of the creditors hearing. If you were not then yes, you should be able to find out from the court. Look for the federal courthouse or bankruptcy court listing in your phone book.

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