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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2602
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Bankruptcy court know that I sever defendant by myself. so

Customer Question

bankruptcy court know that I sever defendant by myself. so the judge dismiss " adversary proceeding " case
it is about I request / filing debtor to pay for financial damage.
I already filing / tell the court reason why
I already filing to re open adversary proceeding
can you tell me more what else I can do
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 9 months ago.

I am sorry, but I do not understand your post.

Kindly review it, properly identify the issues and the parties, and resubmit.

Thank you for your cooperation.

Customer: replied 9 months ago.
Ok
Customer: replied 9 months ago.
I do on Saturday morning
Expert:  Phillips Esq. replied 9 months ago.

I still do not understand what you are trying to say.

Customer: replied 9 months ago.
Will re post full story on Saturday morning
Expert:  Phillips Esq. replied 9 months ago.

Okay.

Customer: replied 9 months ago.
I purchase a rent property from defendant in year 2007.Defendant did not disclosure permit violation issuedIt has created many problem, money problem, case complaint filing that relate to the purchase,Plaintiff has financial ruin, damages, defamation etc.I won a default judgment from Santa Clara Superior Courtin November 2009. Defendant did not response and did not show up in courtDefendant filed bankruptcy ( Fraud )Attempting not to compensated anything damages to plaintiff.I never received the 241 meeting of creditor.bankruptcy grant to reopen bankruptcy case on Nov 2010Judge told me to file Adversary Proceeding.I have financial damages does not have attention, fund, time, etcto file Adversary Proceeding at the moment.I am able to file Adversary Proceeding on April 23,2015 by the orderBecause defendant has financial problem, so plaintiff filed claim against broker company ( Century 21 )and others case that related to purchaseIt is a lot of money, energy, time, effort, stress etcI still not able to receive any money to relief damages until nowDefendant never response summon / certified mail from Superior Court and Bankruptcy Court.I do not clearly, completely , have a good understanding of legal procedureI am not attempting to file untruthful certified mail and entry of clerk's default on January 13, 2016I am not able to receive any monies to relief damages since 2007Motion to re-openAdversary Proceeding
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information. However, I still do not have a clear understanding of the issues in this case. So, I will opt out and give another Attorney the opportunity to further assist you.

Best wishes,

Customer: replied 9 months ago.
Ok. Do that thanks
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

I am a different attorney on the site and will review your comments and attempt to answer your question. I would like you to confirm that you obtained a judgment against debtor that indicate he had committed fraud and the judgment itself states that he/she committed fraud against you. Please answer that question as it will affect my response.

Regards,

Ron

Customer: replied 9 months ago.
I have a judgment against defendant from Superior Court in 2009 ( w/o disclosure permit violation of property )
e filed bankruptcy fraud and re open by bankruptcy court
The problem I am asking now s about Adversary Proceeding
Everything moving good until nearly end
Bankruptcy know clerk entry default , the certified mail was served to defendant by myself
The judge close adversary proceeding case
I tried to tell them and file reopen adversary proceeding case
What else I can do?? What is the possibility the case will become look good again
Defendant never response to summon / certified mal from Superior Court / Bankruptcy Court
Can I have a professional to file reconsideration / to open adversary proceeding ??????
Expert:  RONB-ESQ replied 9 months ago.

I don't fully understand what you are asking. Is this correct? You filed an adversary proceeding against debtor alleging that your debt was not dischargeable since it was due to fraud. The debtor was served by you by certified mail. Did he sign for the mail and did you send him a document to sign waiving proper service? Did the court dismiss your case on it's own (sua sponte) or did debtor file a motion to dismiss or did Court decide that the you never filed proof the debtor was served so the Court clerk dismissed the case due to the time frame they have for dismissing cases when the Plaintiff does not take necessary action to keep case alive?

Customer: replied 9 months ago.
Bankruptcy told me to file adversary in 2010 I don't have money, because I spent money to file claim to his broker company
century 21.and others parties who take advantageous from me ( same property / same investment )
win nothing. everyone has local attorney to protect them.
I m able to file adversary proceeding in April 2015. Defendant was serve with certified mail by m process server to his work place.( was served 2- 3 time by my process server due to adversary proceeding process since April 2015
Recently the judge has order me to file entry of clerk default and entry of default judgment
I serve defendant by myself on behalf of the process server
Then the bankruptcy court dismiss adversary proceeding.Please response me real with professional questions
Expert:  RONB-ESQ replied 9 months ago.

I am sorry I don't fully understand your question and will opt out so that other attorneys can answer your question. Please do not reply as that will lock the question back to me and delay other attorneys from seeing your question. You do not need to take any action until another attorney introduces himself. Best wishes with your issue Ron.

Customer: replied 9 months ago.
Thank you and forgive me ma y be am too strong of word but I say couple time defendant never never response any thing to superior court and bankruptcy court

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