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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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