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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17865
Experience:  B.A.; M.B.A.; J.D.
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I have an adversary hearing coming up. I have the

Customer Question

I have an adversary hearing coming up. I have the documentation for Fraud, etc. Proof of claim is for $2,500.00. The person is trying to include me in her bankruptcy for unpaid rent. I found out today that she has personal assets of $107,000. She received $100,000 from a settlement. reported by her lawyer 9/22/16. I got a judgment against her on 10/15/15. She waited about 90 days, them had her bankruptcy dismissed and included my judgment.
Questions
1. The debt that she owed was denied during the previous judgment, but she had it dismissed and now is trying to get it bankrupted again. Can she add a debt that was previously denied.?
2. Will the $107,000 personal asset help me with preventing her from bankrupting my debt as she has more cash than I do. Will the judge care that she has that kind of money and is offering me only 12% of what she owes me ( 12% 0f $1,950.00)?
3. What happens at the Adversary hearing. Is it like a regular court room where I get to question her and present my evidence. What is the procedure?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 10 months ago.

Questions
1. The debt that she owed was denied during the previous judgment, but she had it dismissed and now is trying to get it bankrupted again. Can she add a debt that was previously denied.?

Response 1: Yes, she can.

2. Will the $107,000 personal asset help me with preventing her from bankrupting my debt as she has more cash than I do. Will the judge care that she has that kind of money and is offering me only 12% of what she owes me ( 12% 0f $1,950.00)?

Response 2: No, to both questions. This is because she can legally exempt that asset in her bankruptcy and if she properly exempts it, that asset cannot be used against her eventhough it appears unfair to you. The properly exempted asset cannot be reached by the Trustee or the debtor's creditors like you.

3. What happens at the Adversary hearing. Is it like a regular court room where I get to question her and present my evidence. What is the procedure?

Response 3: It is like a regular trial but in a bankruptcy forum. You can make discovery requests, file notice of deposition, ask her questions under oath, etc. See Federal Rules of Bankruptcy Procedure Rules 7001 to 7087 for more information:

https://www.law.cornell.edu/rules/frbp

Customer: replied 10 months ago.
What does this mean. US. c. 523 19
(B) results, before, on, or after the date on which the petition was filed, from—
(i)
any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding;
(ii)
any settlement agreement entered into by the debtor; or
I had a judgment from the state court 10/15/15. Had initiated a garnishment. Exactly 90 days after judgment, Debtor had bankuptcy dismissed and reinstated. The debtor owed $5500, but I agreed to accept $1950. I am alledging fraud b/c she negotiated a settlement with the intention of not paying. Does thet code cover my situation, as well as code 523 (a) (4)