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Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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5 years ago I got involved in an internet scam. After putting

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5 years ago I got involved in an internet scam. After putting out a considerable amount of money I decided it was going no where. I received a check for my expenses and it was a counterfit check. The check was never returned to my bank for collection . The case ruling was for the Plaintiff. The amount is 95,000.00 including opposing attourney's fees. The original complaint stipulates there was no fraud on my part. What are my options? I have had one Bankruptcy attourney turn me down already.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Hello.

If the judgment was not for a type of debt excepted from discharge in 11 U.S.C. 523, then it is likely dischargeable in bankruptcy.

This means, if it wasn't for fraud, money obtained under false pretenses, etc, then it may well be dischargeable in bankruptcy.

I suggest you talk to another bankruptcy attorney, and if they turn you down, ask them what section of 523 they think your claim falls under and why. If they have no good answer, then it is possible that you can discharge the debt in bankruptcy, or at least may be worth a shot considering how inexpensive bankruptcy is compared to $95,000 - it may be worth the risk. The fact that your only income is social security also helps since the plaintiff will have to decide if they want to throw more money at your case, fighting in bankruptcy court.

If you decide to file bankruptcy, you can likely file alone since married persons do not have to file a joint bankruptcy case; it is possible for a married person to file an individual case without their spouse.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

Customer: replied 5 years ago.
I am requested to comply with discovery. Some of the questions concern joint property and bank accounts. They also want to know about my wifes seperate property and accounts. o i have to answer thewse questions.
Expert:  JoeLawyer replied 5 years ago.
I can't give legal advice online for a host of legal reasons, and telling you whether or not to answer discovery requests may constitute "giving advice."

I can say that normally, one is required to comply with discovery requests, and if one fails to do so, he or she may be ordered to do so by the court and sanctioned for failure to comply. But, some discovery requests can be objected to rather than answered, so you really need to talk to your lawyer about which, if any, discovery requests to respond to, object to, etc.

Again, I strongly suggest you talk to a bankruptcy attorney as soon as possible since filing bankruptcy may well cancel your requirement to respond to the discovery requests at all since the automatic stay in 11 U.S.C. 362 will probably stop the lawsuit proceedings until or unless the plaintiff gets relief in Bankruptcy Court, which they may not be able to do if your claim is dischargeable. Even if your claim is questionable as to whether it could be discharged, the plaintiff may decide it is not worth spending more attorneys fees to try.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
JoeLawyer and 2 other Bankruptcy Law Specialists are ready to help you

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