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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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In a case where you were at the point of trial in civil court

Resolved Question:

In a case where you were at the point of trial in civil court (30 days out) and you file chapter 7 and then one of the creditors files an Adversary proceeding in bankrupcty court does the case start all over? I never did any discovery because we felt it wouldnt go to trial and I didnt have much money. I have now been served with Certificate of compliance and the plantiffs attorney is stating I shouldnt be allowed any discovery and wants trial set in 30 days. Is this true I am not allowed any discovery now since we didnt do it in the civil case? i am trying to figure out good attorney and that doesnt cost a lot of money since the acqusation is fraud I have not been able to get employment wth any mortgage lenders due to the mortgage crisis and fraud is an ugly word. I had to switch to selling Real Estate instead of doing loans.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

The fact that the plaintiff's lawyer is requesting no discovery, does not mean that it is the law. It is his argument only. You will need to counter with your position that you require time for discovery. Bring to the court's attention that you had not performed discovery in the state court because you were filing a bankruptcy and anticipated the discharge of the debt..
Customer: replied 7 years ago.

HIs case is that discovery was already done by time line of the civil case and if I didnt do it then I should be able to now.


IS there a way to locate competent attorney to review the case to see if case law to have released due to no proven fraud has been brought through his discovery

Expert:  Ellen replied 7 years ago.

Yes but your position is that you had planned to file bankruptcy and thus had not defended the action.

However, you absolutely should find competent local counsel. Here is a reputable website to assist you:

Good luck.
Customer: replied 7 years ago.
Do you have to submit any proof of fraud to proceed in bk court? If so how do I go about requesting this
Expert:  Ellen replied 7 years ago.

There are numerous types of bankruptcy fraud. I cannot guide you further on this forum.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you

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