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I was reading on a US courts site that in chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge, would what happened in my case constitute fraud in the banruptcy?
I also told the court that I believe my case has been singled out because it's the only one of it's kind in the banruptcy.
Intentional Torts: Debts resulting from a willful or malicious act may not be discharged. Debts resulting from intentional torts and debts incurred by fraud are presumably dischargeable. In this type of situation, the creditor must file a request with the court to have the debt declared nondischargeable. I read this on a different site. I'm trying to figure out how this could help me. 1. They already have two plans MSPA and SOPA. and now they are tring to get the case name changed to the buyers because I didn't file a claim but the buyers can take partial responsibility for claim except for monetary damages. ( I'msorry Socrateser I'm comfused). 2. I asked the court to add the name of the buyers in stead of replacing the name because to do so would discharge my claim period because of the language in theMSPA and the language in the SOPA. The obligations of the SOPA have not yet been fulfilled.
I was reading on a US courts site that in chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge, would what happened in my case constitute fraud in the bankruptcy?
A: A proved fraud on the court can cause the bankruptcy court to vacate the discharge order. However, a fraud in the bankruptcy petition is not the same as an adversary proceeding claiming fraud on a particular debt -- which is your circumstances. In such a case, if you don't sue the creditor to prove a fraud, and the bankruptcy court discharges the debtor, then your claim, fraudulent or not, will be discharged.
Hope this helps.
today I got a call from the court expressing the judge issued an order, they havn't received my reply to the debtors response to relief from the automatic stay I requested yet. The order is in favor of the debtors the order is to change the mane on the case and releive the debtors from responsibility and that's not what I want and I stated that in the reply I mailed yesterday it takes a few days for the court to recieve the reply the debtors filed their response this past thursday. Don't I haved a right to reply to the debtors response before a ruling is made?
also how long do the debtors have to respond to a motion filed becase it was thirty days before their reply was submitted to the court and how long do I have to submit a reply? Oh and how long do I have to file an appeal to the order today?
Also how long do the debtors have to respond to a motion filed becase it was thirty days before their reply was submitted to the court and how long do I have to submit a reply?
A: Opposition papers must be filed within 21 days. Reply papers have no deadline unless ordered by the court, in which case, 21 days for a Reply.
Oh and how long do I have to file an appeal to the order today?
A: An appellant has 14 days to file a notice of appeal to the District Court or Bankruptcy Appellate Panel (if applicable in the circuit).
Hope this helps.
Can I object to the order? and how long do I have for that? The order is for me to be able to change the name however and to remove the other party it's not and order ordering me to change the name on the case.