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snpshot
Mar 26, 2008, 05:39 PM
I had a company for many years and lost a contract and went Chapter 7-the company was a S corporation, I did not go chapter 7 for myself and now 4 years later am facing a creditor who is holding me personally responsible, and is going for a judgement. I am now employed in a commission based job, do not own a home, can they garnishee wages that may or may not materialize. Thanks

kathylea
Mar 26, 2008, 06:13 PM
I would find out if there is a clause in your bankruptcy for the company that states that any and all creditors cannot refile or resue after final closing. If the creditor is trying to sue you and you had a clause that stated that the company is no longer responsible for any or all debts due to this bankruptcy I don't see how they can swing this. I would find a lawyer that gives free advice online there are lots. Ask a lawyer is one of them. If you were the sole owner and the company is no longer I think this creditor will have a hard time making a case but it depends on what the wording is in your bankruptcy. Just a thought , thought I might add that it might be worth your while to contact the counsil that you used to do the chapter 7 and see what they say. Hopefully it was done properly and this creditor has no legal recourse .