Posted on
March 18, 2010
at
2:43 pm
HELP! I just got a 523 Adversarial Complaint google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);
We filed a Chapter 7 no assets bankruptcy with my husband back in December and the Trustee has already reported no assets to he court. But we have a nightmare creditor after us stemming from a judgment for $150,000. I don't think the creditor is an attorney, but I think he is a judgment enforcement specialist and I am pretty sure he is the owner of
www.tenantscreeningbackgroundcheck.com He has filed pro se against me and my husband a 523 lawsuit against us alleging three counts of fraud. Our original state court judgment from years ago did have fraud alleged but we settled it and because we did not pay any money to the creditor then, we had a stipulated judgment entered against us. One of the counts against us is a 523(a)(19) accusing us of securities fraud. We did own a corporation with privately held stock at the time and he says we failed to give creditor stock for a loan that the we promised to give. But I don't know how he can prove that because wasn't in the agreement for the loan but the allegation was in the original lawsuit filed against us that lead to the judgment alleges our promise to give stock. Presently, we have an attorney but we are thinking about defending ourselves pro se because he wants an initial retainer of $10,000 to defend us in the 523 and he says this could cost us over $50,000. What is a reasonable retainer for a 523 alleging 3 accounts of fraud and a possible 727 action coming because we have blocked out some details on financial statements? And how can we defend ourselves in a 523? Any advice is greatly appreciated!
Posted on
March 18, 2010
at
10:23 pm
Hello there, thank you for dropping bydestroydebt.com - I'd just like to saythat I am not a lawyer - and some of thepeople here may not be as well - and it lookslike you need a lawyer for this case (whichyou stated that you'd rather not hire becauseit'd cost a lot) Anyway, I'll try to break this down for the others & post some questions ::::-We filed a Chapter 7 no assets bankruptcy with my husband back in December and the Trustee has already reported no assets to he court ::::So what is the court's decision - if there's already one (?)::::-But we have a nightmare creditor after us stemming from a judgment for $150,000.::::Did your creditor file a lawsuit for judgment against you and won (?)::::He has filed pro se against me and my husband a 523 lawsuit against us alleging three counts of fraud. ::::-Is this the same case (?)::::Our original state court judgment from years ago did have fraud alleged "but we settled it" and "because we did not pay any money to the creditor then," we had a stipulated judgment entered against us. ::::-What do you mean you settled it when you haven't paid anything (?)::::One of the counts against us is a 523(a)(19) accusing us of securities fraud---We did own a corporation with privately held stock at the time and he says we failed to give creditor stock for a loan that the we promised to give. But I don't know how he can prove that because wasn't in the agreement for the loan but------ the allegation was in the original lawsuit filed against us----- that lead to the judgment alleges our promise to give stock.::::So there, destroydebt people -- help thompson22!
Posted on
March 18, 2010
at
10:33 pm
Which court is going to handle this? Bankruptcy court or criminal court? For the
"..three counts of fraud" I mean ...
Posted on
March 18, 2010
at
10:39 pm
We did own a corporation with privately held stock at the time and he says we failed to give creditor stock for a loan that the we promised to give. But I don't know how he can prove that because wasn't in the agreement for the loan but------ the allegation was in the original lawsuit filed against us -----:::------Did you get a discharge on that Chapter 7 bankruptcy? Did you failto report that
privately held stock in your previous case? Is bankruptcy ... retroactive?
Can this be grounds for the trustee requesting the court to reopen the case- because clearlyit's not a -- no asset case...?
Posted on
March 18, 2010
at
11:03 pm
Isn't 523 (a) (19) for Bankruptcy Chapter 11 only?
