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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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A bankruptcy trustee is demanding thousands of dollars more

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A bankruptcy trustee is demanding thousands of dollars more from me than the evidence supports. after a year and a half she finally recalculated and agrees that she was in excess by $4,000 over the real number. The fact that she has no evidence to support the larger number and she was threatening me through the mail if I didn't pay, Is this mail fraud?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

No, I'm sorry to say that wouldn't be mail fraud. It sounds like the trustee had made a mistake. First most basic requirement to prove mail fraud is that there existed a fraudulent scheme. A disagreement with the bankruptcy trustee is not a fraudulent scheme, even if the bankruptcy trustee was wrong. Fraud occurs when a person intentionally deceives somebody for personal gain. The bankruptcy trustee did not likely attempt to deceive you, and the attempt to collect the extra money was not likely for personal gain. It sounds like simply a disagreement (which happens all the time).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

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Customer: replied 1 year ago.
The Trustee cannot (will not?) produce any evidence to support her original claim, and only after a court order to explain her math did she "revise" her numbers to those we had been telling her were the correct ones for a yr and a half.

She had ample time and opportunity to correct it if it were a mistake. Her motivation was to get a settlement out of court.
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

She may not have evidence to support her original claim, but that's not even close to enough evidence to charge somebody with mail fraud. There would have to be evidence of purposeful deception, and it would need to be for personal gain.

I understand where you're coming from, but based on what you wrote, there is not nearly enough evidence to even charge the trustee with a crime, and certainly not enough to convince a jury that she is guilty beyond a reasonable doubt. A prosecutor wouldn't even give it a second thought ... there would be no charges. I'm sorry to give you this bad news.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 10013
Experience: JD, MBA
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