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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16036
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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i have an pro se adversary proceeding against a chptr 7 debtor. by

Resolved Question:

i have an pro se adversary proceeding against a chptr 7 debtor.
by her own admission the debtor post filing but pre discharge has begun operating her personal finances in her fathers name, with his full blessing. Is this actionable in my adversary filing?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 11 months ago.

WALLSTREETESQ :

you should ask for evidence this was started post filing and ask for the last 12 months bank statements from the fathers account, to see any money transfers between her and her fathers account,

WALLSTREETESQ :

this could be a fraud issue, if she has put her own assets in her fathers name to avoid collections from the trustee,

WALLSTREETESQ :

The real issue is whether she is hiding assets by putting them into her fathers name, if it can be shown that she has the trustee could take these assets.

Customer:

i named the father in the proceeding bcs I had evidence that she had done exactly that before the 2 yr filing review period.

WALLSTREETESQ :

you should ask for bank statements, tax returns and any other documents from him,

WALLSTREETESQ :

If she lives with him,

WALLSTREETESQ :

you can contest the chapter 7, if she did not include his income, as the court uses household income as well

Customer:

my discovery was only partially answered. and the judge denied my motion to compel, then proceeded to reduce my complaint to just two counts.

Customer:

refusing to give me his tax returns - I am still not sure why.

WALLSTREETESQ :

bank statements are more important to see recent transfers, and deposits into his account,

Customer:

the problem is this is only 100k the judge is now trying to force the father to make an offer to settle. but really i am in over my head, I figured I would scare them into settling.

Customer:

the judge claims that all of my allegations belong to the trustee and that he will not permit the trustee to assign it to a pro se.

Customer:

He then told me that anything she did post filing is ok - even if it involves fraud.

WALLSTREETESQ :

He has that right, the problem is if he finds assets, all creditors who filed a proof of claim are entitled to it by priority,

WALLSTREETESQ :

Post filing is fine, however, if you can argue that she did this prior it could be fraud as she was trying to hide assets, so the last 12 months bank statements are important

Customer:

they claim there are no with her assets, indeed she earns nearly zero.

Customer:

They gave a very weak accounting for 100k that she inherited, transfered to the fathers name 6 yrs ago and now claim is gone.

WALLSTREETESQ :

I would let the trustee go after them, they are more experienced,

WALLSTREETESQ :

and have the power of the US Justice department to find the funds,

WALLSTREETESQ :

you should just make sure you have your claim as a creditor with the trustee,

Customer:

trustee took my evidence but doesnt seem interested in pursuing, I was really just trying to push them to settle - not have it fall into the trustees lap.

WALLSTREETESQ :

You may want to contact them privately and advise them you will stop your case for a settlement,

WALLSTREETESQ :

Today you can ask for evidence and another date to try to work out a settlement

Customer:

My final issue is that the judge has ammended my complaint down to two counts, and woarned me that he will entertain debtors motion to dismiss for lack of particulatiry, form and substance of the pleading.

WALLSTREETESQ :

he can do that, as you are pro se it is difficult to follow the legal rules of procedure, I would not worry too much,

WALLSTREETESQ :

if you can get another date or prolong the case,

WALLSTREETESQ :

that is the best you can do,

WALLSTREETESQ :

and try to work out a settlement with them

Customer:

The issue of settlement, now rests with the conference with the judge. We have met several times in the past but the father is a sophisticated business man, and refuses to be budged. He is not worried about criminal investigations. Or at least pretends so.

Customer:

can I ask the judge to allow me to amend the adv complaint and for time to do that, the trial is Nov 19?

WALLSTREETESQ :

yes,

Customer:

how long should I ask for.

WALLSTREETESQ :

you can ask for time to obtain an attorney as well,

WALLSTREETESQ :

2 weeks may be best

Customer:

getting an attorney would be lovely = this judgment was purchased from the creditor. investing serious money in motions and discovery and trial for 100k max is like chasing bad money with good. in addition, if i block her discharge i still have to go after the father to collect - she is really bankrupt

WALLSTREETESQ :

adversary cases are very difficult the law is on the debtors side,

WALLSTREETESQ :

I would try my best to drag out the case, and hope the trustee can force the father to settle

Customer:

Is there any law that says if you have only one judgment against you you cannot file chptr 7 as this is in itself abusive

WALLSTREETESQ :

no

Customer:

so if i were the father I would not settle either.

Customer:

what can i do to force the trustee to act?

WALLSTREETESQ :

unless the trustee can find some hidden assets, he does not have to

WALLSTREETESQ :

the only thing you can do is provide the trustee of evidence of fraud,

Customer:

thats what i thought - and since there is no cash in her name trustee is not going to spend his money.

Customer:

I did that in the form of her depositon in the post judgment enforcement proceedings and bankstatements

WALLSTREETESQ :

that would be right

Customer:

what would you charge to amend the complaint, and appear at trial?

WALLSTREETESQ :

we are not allowed to do that but in my practice we would charge $1500 to $2500 for such a matter,

WALLSTREETESQ :

typically these cases are not worth the time for a creditor, unless they have clear evidence of fraud,

WALLSTREETESQ :

it would be better to hire an investigator to search her and his financial history

Customer:

she admits to using her father's alter ego but only as recently as 5 yrs ago,

WALLSTREETESQ :

the his last 5 years bank statements should be asked for

Customer:

I have them, she claimed to be an employee, but produced tax returns

Customer:

showing business interests as self employed

WALLSTREETESQ :

unless you have something that shows fraud it is going to be difficult to pursue

Customer:

fraudulent conveyance is not fraud?

Customer:

false oaths on filing?

WALLSTREETESQ :

it is, but the trustee has to ask for criminal prosecution,

WALLSTREETESQ :

that is different then the ability to recover assets,

Customer:

I see, is it appropriate for me to go to the trustees office and file a formal complaint

WALLSTREETESQ :

you can ask for criminal charges,

WALLSTREETESQ :

that may scare them to settle as well

Customer:

thats what i will do - what firm are you with?

WALLSTREETESQ :

I am with a Firm in NYC

Customer:

big help - would some one you recommend be interested in pursuing this as I described

WALLSTREETESQ :

We are not allowed to represent customers, however I would suggest hiring an investigator that would be best,

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback, thank you

Customer:

thanks

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16036
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Expert:  WALLSTREETESQ replied 10 months ago.
If you have any further questions please do not hesitate to ask.

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