How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BKAnswerMan Your Own Question

BKAnswerMan
BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
67787790
Type Your Bankruptcy Law Question Here...
BKAnswerMan is online now
A new question is answered every 9 seconds

where can I go to look up lein holder fraud. lein holder overencumbered property and othe

Resolved Question:

where can I go to look up lein holder fraud. lein holder overencumbered property and other false things to get a relief of stay. Trustee ignored all my provided proof in a chapter 7 BK
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  BKAnswerMan replied 2 years ago.

BKAnswerMan :

Hi JACostumer,

BKAnswerMan :

What is your interest in the property?

Customer:

I am the debtor.


 

BKAnswerMan :

Generally, relief of stay motions are filed by motion and heard buy the bankruptcy judge.

BKAnswerMan :

If you do not file an opposition to a motion for relief from stay

BKAnswerMan :

The motion for relief from stay will be awarded by default

BKAnswerMan :

The Trustee is a private party who is charged with administered the bankruptcy estate, investigating bankruptcy crimes, and recommending abusive filings the the United States Trustee's Office.

BKAnswerMan :

Unless opposing a relief from stay motion will somehow benefit the bankruptcy estate, it would be uncommon for them to oppose the relief from stay motion.

Customer:

The property got converted from a 11 to a 7. The trustee was incharged, they did not file an opposition and I asked them why because there was fraud in the relief of stay. isnt it the job of the trustee to protect the estate?

BKAnswerMan :

They due have a duty to protect the estate, but they will use their business judgment to determine which cases they will pursue.

BKAnswerMan :

What was the fraud?

Customer:

it would have benefited the BK estate because the debt was only $150,000 and there was $700,000 and the TD failed to protect the estate.


 

Customer:
BKAnswerMan :

But what was the fraud?

BKAnswerMan :

Overstating the amount due on the loan?

Customer:

the private lender put a fraulent amount (overencumbered the loan amount) to get a relief of state. In a deposition the lender a put down that he did not personally sign the relief of stay and gave no one permission to sign his name on the relief of stay and the relief of stay was overstated by $500,000


 

BKAnswerMan :

If there was fraud involved in the obtaining of a motion for relief from stay, and you have damages as a result of that fraud, then you may want to consult an attorney.

BKAnswerMan :

The Trustee probably has a right to rely on the motion that was filed with the court as being accurate.

BKAnswerMan :

The stay in a Chapter 7 generally only lasts for 90 days, so in most cases neither the Debtor or the Trustee will oppose the motion for relief from stay.

BKAnswerMan :

You may be able to file a motion for reconsideration if you can prove that there is fraud.

BKAnswerMan :

I've seen this done, but you would need to have a very convincing argument and be able to demonstrate fraud to have a chance of success.

Customer:

I can see that..but if there was actual proof the the contrary. Shouldn't there be a responsibilty to look into it? I can't believe that I should have to continue to pay attorney fees to correct this. I spent money on a deposition, thinking this would be enough proof. I am asking at this time what other avenue I can take without paying an attorney, like possible filing with the United State Goverment of the Trustee's boss' boss. The all seem to be trying to cover each others buts.

BKAnswerMan :

You can report the matter to the United States Trustee's Office.

BKAnswerMan :

You should look up the who the United States Trustee for your district is and provide them with all of the evidence that you have.

BKAnswerMan :

If there is perjury and fraud involved, then they may elect to pursue it as a bankruptcy crime.

Customer:

I would think that the deposition would be the ultimate proof. He is admitting under oath and I also have paperwork to the correct amount of the amount owed on the property. What more proof could there possibly be? And, how do I get pass the trustee? He knows that he failed to protect the estate and he seems to be trying to sweep it under the rug. He is treating me like I am the one who did something wrong because I went out and collected the proof. I don't know if they are all covering each other butts because they know each have failed to do their jobs. I have sent letters to just about everyone that I could and still did not any answers. How do I find out who the United State Trustee for my district is?


 

BKAnswerMan :

Where do you live?

BKAnswerMan :

There are four Districts in California

Customer:

I filed downtown Los angeles. the property is in Inglewood, CA

BKAnswerMan :

You are in the Central District of California.

BKAnswerMan :




















United States Trustee

Contact
Full Size Image

Office of The U. S. Trustee


(213)(NNN) NNN-NNNN/div>

 

BKAnswerMan :

Sorry about the image.

BKAnswerMan :

The Trustee who administers your case is an "interim trustee"

BKAnswerMan :

He reports to the Office of the US Trustee

BKAnswerMan :

Ultimately, given the amount of the overstatement, it is likely worthwhile to hire an attorney to look into this for you.

Customer:

No. worries about the image. I contacted that office and asked to talk with XXXXX XXXXX. The person who answered the phone stated that he talks to no one and to submit the information to her, Dare Law, I emailed and sent U.S. mail to her as directed by her. That has been 2 weeks now. Now the trustee is planning on allowing the person who comitted the fraud to purchase the estate. This is all after them receiving the proof from me.


 

BKAnswerMan :

The Trustee probably would have hired an attorney to pursue this matter further.

BKAnswerMan :

Unfortunately, Chapter 7 bankruptcy trustees are given a lot of leeway, in large part due to the volume of cases that they have to process. You will likely get lost in the crowd if you leave this up to the interim trustee and the United States Trustee's Office to pursue.

BKAnswerMan :

You also have to look at what was accomplished in the relief from stay motion.

BKAnswerMan :

All this did was to lift the stay so that the lender could pursue any rights that they have under their contract.

BKAnswerMan :

If the Trustee is selling the property as part of the estate, then the creditor did not realize much benefit from the relief from stay motion.

BKAnswerMan :

I mis-spoke earlier, the Trustee also probably would have "had to" hire an attorney if they wanted to pursue this matter further, and may not be willing to take on this cost either. At any rate, I know it's not what you want to hear, but it sounds to me like if there is a potential loss of $500k, then you should look at hiring an attorney to flush this out further for you. It may be the case that they could pursue sanctions for attorneys fees for creditor fraud, or that the

Customer:

thank you for your time


 

BKAnswerMan :

there may not be a benefit after the estate is liquidated.

BKAnswerMan :

your welcome. good luck.

BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
BKAnswerMan and other Bankruptcy Law Specialists are ready to help you
Expert:  BKAnswerMan replied 2 years ago.
What Happens Now?

Your chat has ended, but you can still work with your Expert to get an answer to your question if you have not yet received one.

Come back to this page at any time to see additional information from your Expert.  You will also receive an email when your question is updated.  If you want to send a message to your Expert, use the box below.

If you have already received a satisfactory answer to your question, click the Accept button above.  Experts are credited for each accepted answer they provide.
Customer: replied 2 years ago.
If I am in a Chapter 7 BK and the trustee is trying to sell my estate and I have an adversary complaint for fraud file can that stop the sale of the estate?
Expert:  BKAnswerMan replied 2 years ago.
This is a new question and should be asked on a new post.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions

Chat Now With A Bankruptcy Lawyer
BKAnswerMan
BKAnswerMan
Bankruptcy Lawyer
25 Satisfied Customers
Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.