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What is your interest in the property?
I am the debtor.
Generally, relief of stay motions are filed by motion and heard buy the bankruptcy judge.
If you do not file an opposition to a motion for relief from stay
The motion for relief from stay will be awarded by default
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.
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.
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?
They due have a duty to protect the estate, but they will use their business judgment to determine which cases they will pursue.
What was the fraud?
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.
But what was the fraud?
Overstating the amount due on the loan?
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
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.
The Trustee probably has a right to rely on the motion that was filed with the court as being accurate.
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.
You may be able to file a motion for reconsideration if you can prove that there is fraud.
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.
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.
You can report the matter to the United States Trustee's Office.
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.
If there is perjury and fraud involved, then they may elect to pursue it as a bankruptcy crime.
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?
Where do you live?
There are four Districts in California
I filed downtown Los angeles. the property is in Inglewood, CA
You are in the Central District of California.
Sorry about the image.
The Trustee who administers your case is an "interim trustee"
He reports to the Office of the US Trustee
Ultimately, given the amount of the overstatement, it is likely worthwhile to hire an attorney to look into this for you.
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.
The Trustee probably would have hired an attorney to pursue this matter further.
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.
You also have to look at what was accomplished in the relief from stay motion.
All this did was to lift the stay so that the lender could pursue any rights that they have under their contract.
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.
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
thank you for your time
there may not be a benefit after the estate is liquidated.
your welcome. good luck.
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