Can I get debt discharged from my bankruptcy if a creditor met with me after I filed?

UPDATED: Jul 27, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 27, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get debt discharged from my bankruptcy if a creditor met with me after I filed?

I set up a meeting with a creditor before filing bankruptcy. I ended up having to file, and the creditor knew this, but still attended the meeting (it was scheduled for the day after I ended up filing). He also brought other people from his company to the meeting. I didn’t know the others would be attending the meeting, and only asked the one person to meet with me. They all absolutely knew I had filed for bankruptcy – it was discussed openly at the meeting. Can I get their debt discharged since they talked to me while under the protection of bankruptcy? I did request the meeting, but only with one of the people. The others were not asked nor invited by me.

Asked on July 27, 2013 under Bankruptcy Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely. You need to inform the court through the trustee and file a motion to have this debt dismissed since the creditor violated the automatic stay provisions without seeking a lift of the stay. The trustee may recommend it or may ask you if you knew there was a stay why you didn't cancel the meeting. Be prepared to answer those questions but definitely explore it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption