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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 114029
Experience:  Attorney At Law handling education matters.
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I received a paper from the Bankruptcy Court that stated

Customer Question

I received a paper from the Bankruptcy Court that stated that I needed to file a motion for relief which is different from info that I go here earlier. Confused. Submitting for a second time to get clarification.
I had a tenant renting from me that had filed bankruptcy. While living in my property, she added the rent owed for that month to the bankruptcy. I filed an objection and the court did not include her current rent in that bankruptcy. I took her to court and got a judgment. By breaking her lease, she owed $5,700. I agreed to accept $1,950 and that was the amount of the judgment.
When I took her to court, she initially perjured herself by stating that she was not living in my property for the period, did not owe the money and did not know what I was talking about. She said that she had a lease that showed that she was living at another address September, 2012. The Judge told us to go outside of the court room to discuss the matter to see if we could resolve the problem. The tenant told me that she was not living in the property at the time that I alleged that she was living there. I showed her an email where she stated that she was living there at that time and that she would be out by the end of that month. I further informed her that she had tried to include me in her bankruptcy and if she did not owe me, she would not have sent the debt to the Bankruptcy Court.
The Court asked for a Bill of Particular and Grounds of Defense. In the Bill of Particulars, I included the above information along with the email that the tenant had sent by and verification that she had tried to include me in the bankruptcy. When the tenant responded in her Grounds of Defense, she admitted that she owed the money.---
Judge and stay both places, not paying rent-one free month.
After Court, the tenant agreed to make payments in installment and would begin sending money the following week. She stated that she would send monies every two weeks. She stated that she had a law suit pending and that she expected to settle it within a month and at that time, she would pay me the balance of what she owed. The tenant did not pay me as she agreed. I wrote to her by email and U. S. Postal Service. The tenant did respond by text that she would pay me something the following week. However, I did not recognize her telephone number and I thought the text was from another tenant that owed me money. Hence, I went to court and filed for garnishment. Tenant called and requested that I stop the garnishment, but I said "no" as she had gone three years and did not attempt to pay me any monies, and had lied about owing me when I took her to court.
I saw the tenant at a car wash a few weeks later. I apologized b/c I had taken out the garnishee, as I would have given her more time if I had known the text was from her. That stated that was fine.
The tenant was driving a Chevrolet. She had her nails and hair done; looking like a million bucks.
Later, I received notice that her bankruptcy, which I had not been a part of, was being dismissed. The following week, I receive notice that she has refilled and included me as a debtor.
The tenant has had continuous employment and makes a decent salary. It seems to me that if she could not bankrupt me previously because she was living in my house, she should not be able to come back and do it now. It appears that the tenant goes out and gets what she wants and then bankrupts it. When she moved in my house, she had six rooms of new, nice furniture. She bankrupted all of that debt. No one needs a whole house of new furniture at the same time, and no one would do so if she had intentions of paying it.
Ms. Patillo is a abusing the bankruptcy process to get anything that she wants and pay very little for it. Choosing one debtor over another? Intention in having ti dismissed was to include me. She could have apid money that she is paying he lawyer o my debt. When she moved, she got one month free. She kept her belonging in smy hse.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.

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1. WHAT WAS THE ANSWER YOU GOT HERE EARLIER?

2. WHAT IS THE CURRENT STATUS OF THE BANKRUPTCY CASE?

Customer: replied 1 year ago.
Thank you for your reply.Okay, here is the proof of claim form you need to file: http://www.uscourts.gov/file/7…The proof of claim is filed in the bankruptcy court where she is filing bankruptcy.You also file a notice and motion for relief from stay, here is a sample template for that (all bankruptcy court forms are the same across the US): http://www.cacb.uscourts.gov/s…In your motion for relief, you need to put any evidence in there that she is fraudulently claiming bankruptcy to avoid paying this debt to argue that bankruptcy should not be granted.
--------------------------------------------------------------------------------01 January 2016 03:26In researching this matter, it stated that I should file a :request for determination of Dischargeability" is this the same thing that I wld be doing in those forms? Also I learned that there are 21 categories of debts that are not dischargeable; one is "debt that was scheduled in a prior bankruptcy case in which the debtor waived discharge or was denied discharge. I seems that fraud and that exception shld apply here. So do I do both the forms and the request and what order do they go in?01 January 2016 03:28Law Educator, Esq.
Law Educator, Esq.
Consumer Protection LawyerThank you for your reply.You do both forms you need to file the creditor proof of claim first or simultaneously with the motion for relief from stay. In the motion for relief from stay is where you argue the debt should not be discharged.
--------------------------------------------------------------------------------01 January 2016 05:01Sorry for delay. Had to run out. The forms that you referenced are for chapter 7. Do use the same forms for chapter 13/01 January 2016 06:46Law Educator, Esq.
Law Educator, Esq.
Consumer Protection LawyerThank you for your reply.
Expert:  Maverick replied 1 year ago.

I think it would be more efficient if your previous expert helped you with this. I will opt out and send him a note...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.
You said, "I received a paper from the Bankruptcy Court that said I need to file a motion for relief..."
I ALSO TOLD YOU THAT YOU NEED TO FILE A NOTICE AND MOTION FOR RELIEF FROM STAY....I even provided you a sample to file.
You also have to file a proof of claim in the bankruptcy though to preserve your claim.
You have to file in the bankruptcy court to show that she perhaps is fraudulently filing the bankruptcy to get your debt paid.
Customer: replied 1 year ago.
When I click on the forms that you provided it states "page not found." Can you send them again?stated t
Expert:  Law Educator, Esq. replied 1 year ago.
You cannot click on the form at the links I gave you, you have to copy them and paste them into your browser.
http://www.uscourts.gov/file/752/download
http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F4001-1.RFSNONBKMOTION.pdf

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