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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I just received three "intent to proceed" on judgements from

Resolved Question:

I just received three "intent to proceed" on judgements from 2000,( prior to my going into bankruptcy.) At the acceptance of the bankruptcy, in 2010...(long story) these were supposed to be dropped in place of my paying for townships legal fees. My bankruptcy lawyer told me not to worry, as long as I paid the bankruptcy off, they would go away. MY question now, is these fines were based on an unconstitutional zoning ordnance to begin with, and am wondering about suing the township and wonder if the statute of limitations is still open with the intent to proceed being served.....Already know township is trying to put me out of business. Have been since 1999.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : Well if they sue you for the money then you could use that as your defense that the fines were in unconstitutional zoning ordnance. So if they sue you they must be within the statute to do so and you clearly have a right to defend yourself.
Customer:

AS I said, these will go away when the bankruptcy is paid in full and dismissed...Do the intention to proceed mean the "case"is still open..,.,. Can I sue them for harassment or whatever..it's been 13 years now.....


 

Customer:

 


If your state law allows it, you might be able to sue the local government for malicious prosecution. This cause of action is a civil cause of action that might be a valid defense if you can prove that the politicians filed action against you for an ulterior purpose not associated with the law.

Customer:

last entry was answer received earlier from just answer attorney


 

cortrightlaw :

They can hold the case open until you finally receive your discharge on the bankruptcy. But during the term of your bankruptcy they are precluded from pursuing the action unless they request leave of court to proceed with their collection efforts. This would be done by filing a motion for relief from stay.


 

Customer:

They have been trying to put me out o]f business for 13 years on an unconstitutional zoning ordnance.,They have cost me my life insurance, my health insurance, my savings, and most of all my credit.,


 

Customer:

This is all over the fact that the local police chief committed a vehicular homicide from my bar and they want me out of here because if I can finds the witness who saw the chief chasing the car m I can put him ion jail. Now they are telling me I can't sell it as a bar. It has been a bar non-stop


since 1974.

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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cortrightlaw
cortrightlaw
Bankruptcy Lawyer
513 Satisfied Customers
Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.