Hi, I am a creditor in a bankruptcy filing, the trustee
asked for and received an extension of 60 days in this case. My feeling is that the trustee will be persuing fraud charges. Part of their on the record testomony was that they had 4 properties that were not rented, overgrown by vegitation etc. for the past four years. I went to the properties and spoke with two tenants who both stated that they were paying between 6-8 hundred dollars a month cash for the past three years to the petitionor.
I believe that this is their 3rd round with bankruptcy filings since the early 90's. They both know how to work the system.
What would be our best options before the 60 days are up? What will our rights be at the 60 day point?
By filing for relief from the stay before the 60 days is up would we be able to get this case back in civil trial court? We attended mandatory mediation prior to trial and the mediator indicated to the defendants attorney that they had no case/defense for not paying. I guess our ultimate goal is to get the money or at least a judgement.
We are trying to do this part without an attorney but if need be we will hire one. The defendant owes us about $75,000 from my selling him a pest control company in 2005.
He paid $355,000 for the business, he told the trustee that he sold the business and four properties just prior to filing bankruptcy for $34,000. He has no written contract
fo the sale, all on a handshake.
Right now I'm in a hospital so if you need to speak with me my cell # XXXXX XXXXX
Any advise you could give would be deeply appreciated.
Thank you, XXXXX