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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2870
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I had to file chapter 7 bankruptcy by myself last May. I now

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I had to file chapter 7 bankruptcy by myself last May. I now have an adversarial lawsuit against my bankruptcy. It states that I made some mistakes (which is true but not to hide anything. They were just simple mistakes) It also accuses me of fraud which is completely false but I do not know how to defend myself. The judge has judged in their favor because I did not defend it yet. The judge told me I should ask for a hearing. I am lost as to what motion or paperwork to file or what to do next to get the hearing. I have scheduled a date with the court of April 9th already.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
There are several ways a creditor can object to the debt. There is a fraud section under the bankruptcy code. You may have a chance to win, as creditors often take the shotgun approach, and allege all sorts of allegations in the complaint that may apply based on the facts. The adversary is basically a trial to prove those elements and ulitimately to determine dischargeability of that debt. Since this is serious, you should hire a local bankruptcy attorney to represent you in this adversary. However, you can also negotiate a settlement with them as well, whereby you agree to repay a certain amount, discharging the rest. Either way, you should at least meet with a lawyer, who can help you file the correct paperwork to correct the inadvertent mistakes you said you made as well.
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Unfortunately I filed bankruptcy because I am truly broke. I have been to see several attorneys who want huge retainers. Now I find myself caught because I do not have money to get help declaring that I have no money.
Expert:  Terry L. replied 8 years ago.
I am sorry to hear that. It is tough, since the person filing is truely bankrupt, but there is a lot of work involved, this is a mini-trial, so attorneys will want to be compensated for the time and work they put in. There may be some pro-bono services you can qualify for, call the local bar association and bankruptcy court for a referral.
Good luck.