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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38117
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I received an adversary proceeding from a credit card company

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I received an adversary proceeding from a credit card company for a chapter 7 filing. The case has not yet been discharged. Are there lawyers out there who can write a response for me? Or can you recommend a site that has a template for me to work with? What happens at the pretrial conference? Is it just the lawyers and i trying to negotiate a settlement? Also, and this is the most important question. The funds withdrawn from the credit card (that the plaintiff is considering fraud) were used to buy stock, and was lost through that. Would that constitute misuse of funds?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Are there lawyers out there who can write a response for me?

 

A: No one here can write a specific response for your circumstances. The response to an adversary complaint is called an "Answer."

 

The defendant(s) are then required to file answers within 30 days (35 days for government agencies), unless a different date is set by the Court. See Federal Bankruptcy Rule 7012. The answer should admit or deny every allegation in the complaint and set forth any affirmative defenses that may be applicable. The easiest way to do this is to go through the complaint and answer each numbered paragraph, admitting or denying the statements of that paragraph. Affirmative defenses should be separately listed and identified as such. Failure to answer the complaint timely may result in a default judgment being entered against the defendant.

 

Note: Affirmative Defenses are things like "statute of limitations," or "accord and satisfaction." It's very difficult to ascertain whether or noy you may have an affirmative defense, so unless you're prepared to hire local bankruptcy counsel to handle your case, you may have to forgo this part of your Answer.

 

Or can you recommend a site that has a template for me to work with?

 

A: There are no templates available for free, to my knowledge. You can purchase a bankruptcy practice guide, or visit a local law library and research the guide for free.

 

 

What happens at the pretrial conference?

 

A: The judge asks about the discovery plan and whether there's any opportunity to settle, sets a trial date, etc.

 

Is it just the lawyers and i trying to negotiate a settlement?

 

A: Partially.

 

The funds withdrawn from the credit card (that the plaintiff is considering fraud) were used to buy stock, and was lost through that. Would that constitute misuse of funds?

 

A: There's no law that prohibits you from using your credit for whatever you wish. So, I don't know what would be fraudulent about your use of the funds to purchase stock, unless you made some specific agreement with the credit card issuer to borrow money for a purpose other than purchasing stock.

 

Hope this helps.

 

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