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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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How does one file a Motion 523 as a bankruptcy creditor

Customer Question

How does one file a Motion 523 as a bankruptcy creditor?
Submitted: 4 years ago via Nolo Press.
Category: Bankruptcy Law
Expert:  Maverick replied 4 years ago.
What type of debt is it that you are seeking to prevent the debtor from discharging under 523?
Customer: replied 4 years ago.
The debtor owes me $400,000. The debtor owes myself and about 30 other real estate investors at cumulative total of over $1.4 million. They have filed a motion to be removed from bankruptcy and the trustees are most likely going to prevent that from happening.
Expert:  Maverick replied 4 years ago.
Thank you for the added information. Are you saying that the debtor should not be allowed to discharge the debt because of fraud?
Customer: replied 4 years ago.
Yes. The Office of the State Attorney General of Michigan, the FBI, and the IRS are building a case for fraud against the debtors. There was an apparent Ponzi type scheme going on.
Expert:  Maverick replied 4 years ago.
You will need to file an adversary proceeding to deny the dischargeablility of the subject debt based on allegations of fraud. Let me see if I can locate a form that you might be able to use and I will write back to your shortly.
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your help.

 

Mark Potter

Expert:  Maverick replied 4 years ago.

http://www.deb.uscourts.gov/Forms/localform109.pdf

 

http://forms.lp.findlaw.com/form/courtforms/fed/cir/c9/b/orb/orb000001.pdf

 

The two links above will help you get started. You can go to a county law library or local law school library and find a set of books called Colliers on Bankruptcy with forms. Look in the index for a form for an adversary proceeding complaint to deny dischargeablility of debt.

 

 

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