I am the debtor and filed chapter 7
bankruptcy in November 2009 in Los Angeles, CA. the BK was discharged on July 2010, but a creditor from IL filed an adversary complaint in the Los Angeles BK court AFTER the creditor's deadline to file adversary proceedings expired. The creditor claims he never received notice
of the bankruptcy proceeding.
The creditor is basing the adversary hearing on a consumer fraud and SEC fraud complaint he filed 10/2008 and asks that the debt be non-dischargable. I was represented by counsel at the time and I counter-claimed with breach of contract
, business interruption and tortuous interference. However, once I filed for the bankruptcy, I was told all lawsuits would have an automatic stay
while I was in bankruptcy proceedings.
But the creditor somehow received a summary judgment in Illinois while I was in BK proceedings, ignoring the automatic stay. He was able to get the BK court to listen because the judgment gave him credibility, yet I can prove his accusations false with solid evidence—the only thing I can’t disprove is the fact that he received a summary judgment based on fraud--so my interest is in vacating or eliminating the judgment.
I understand bankruptcy adversary hearings are highly complex and that I should retain an BK attorney—but I am suffering serious economic hardship (thus the BK). I need to obtain as much info and help as possible under these circumstances. These are questions for specific attorneys with the following specialties:
1.) Civil Litigator and/or SEC attorney -- should I/can I/how do I obtain a motion to vacate
the summary judgment in IL that was ordered in January 2010 while I was in bankruptcy proceeding and should’ve been given the automatic stay? Again, the complaint is based on consumer fraud and SEC fraud and I counter-claimed. Is the automatic stay a strong enough reason to vacate the judgment, even if the creditor did not receive proper notice? also, the debt owed is a business note, not a personal debt, so is it even the proper jurisdiction since this is a personal bankruptcy
2.) Bankruptcy Ligation attorney/Debtor’s Rights attorney -- Can I/ how do I either dismiss this case before the January 14, 2010 hearing? Do I file a motion to quash? A demurrer? Or at least a cross-complaint under debtor’s rights, as if I’m filing the adversary hearing because the creditor violated the automatic stay? Can I obtain a judgment to pay for more than just my time and costs and 3rd party fees paid for by the creditor through the BK court? My original counter-claim to the consumer fraud and SEC claim asks for over $500,000. Can this be requested and awarded through the adversary hearing if I win?
3.) Bankruptcy Litigation attorney/Debtor’s Rights attorney -- Discovery is due by Jan 2, 2011 and I need more time. How do I make a request for more time to answer the creditor's interrogatories, or better yet, can I file some motion that relieves me from having to answer the interrogatories or stopping the adversary hearing altogether? The creditor does not make a sufficient fraud claim (only that he did get the summary judgment) and i have the evidence now to disprove each claim on the adversary complaint. Can I do not know how to answer interrogatories properly nor how to put interrogatories myself. Where can I get guidance on answering appropriately and objecting to burdensome or privileged information?
4.) Defamation and Identity Theft Attorney/Criminal Attorney – I believe the creditor did receive notice, or at least knew of the bankruptcy through a defamatory website against me. Creditor has maliciously and intentionally filed the adversary complaint in order to collude with others in a smear campaign against me. The creditor is tied to a related defamation, identity theft case I have been building . There is a defamatory website under my name (I used JustAnswer to help me build my case. I have a very valid case & will be retaining an attorney to file in a California Federal Court). This creditor is using this info to harm me in court. What, if any, chance do I have in dismissing or winning the BK hearing by tying in the defamation & identity theft case?