Full question:
My wife and I own a first trust deed on a summer vacation cabin which is serviced by a title company--Pioneer Title Agency, Inc. We received notice from the title company that the buyers (debtors) have filed a Chapter 7 Bankruptcy. The title company assures me that the note is paid up currently. I have attempted to contact the bankruptcy trustee bu t have not heard back. A meeting of creditors is scheduled for April 26, 2012. The deadline to object to debtor's discharge or to challenge discharge ability of certain debts is 6/25/12. As owners of the trust deed, shat steps should we take to secure our rights to the real property? Do we need to seek the services of a lawyer, or can we handle this ourselves. We currently live in Missouri so would find it difficult to attend hearings.
- Category: Bankruptcy
- Date:
- State: Arizona
Answer:
An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee. You may handle the matter on your own if you feel competent, but if not, we suggest consulting a local attorney who can review the facts and documents involved. Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge. To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding." In a Chapter 11, 12 and 13 case, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.
The form will depend on the basis for the objection.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
