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RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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A large company in Arkansas filed law suit even though they

Customer Question

A large company in Arkansas filed law suit for fraud even though they said in the disclosure that they knew no fraud was committed. Somehow they won the case for fraud and now were awarded 2.8 million dollars, the total cost of the job even though most of the job was done to their specs. They've taken the house and two cars and still are not satisfied. There is nothing else to give. The 2.8 mil in question was for work done at several company sites and after payroll, materials and operational expenses only 20 percent was profited which is covered by both partners houses and cars. Bankruptcy was filed in federal court and that does not seem to be enough for this company and they keep coming. They said they want to ruin lives. This all was done in Arkansas and now the partners live in Texas. Is there anything that can be done to end this abusive behavior. The partners have already spent over $50 thousand dollars defending themselves and have gotten no results.
Submitted: 9 months ago.
Category: Legal
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.

Have you filed bankruptcy in Texas or Arkansas? Did they file an adversary proceeding in the bankruptcy and claim the fraud judgment was not a dischargeable debt? An adversary is a separate lawsuit inside bankruptcy court.

Ron

Customer: replied 9 months ago.
Bankruptcy was filed in Arkansas. Yes the company filed an adversary proceeding. There is no proof of fraud and partners lawyer is fighting it. Some bad workmanship by company employees in a couple of cases, but for most part the work was done right and to spec. This all started after partners reported there was an asbestos problem in some of the sites. Also the judge wrote a follow-up letter to the bankruptcy court because the first judgment was not clear. The bankruptcy judge based his response on the follow-up, saying if he just had the original judgment he would have sided with the partners. There are many things in this case that just doesn't make sense.
Expert:  RONB-ESQ replied 9 months ago.

I am truly sorry for all you have went through I can only imagine the never ending stress.

Is there a specific legal question I can answer for you?

Do note that Texas is where I am and you will find much friendlier to debtors. In Texas a judgment creditor can't garnish wages, or take any exempt property to include a totally paid off home of unlimited value. If you want the list of exemptions I can get them for you. Mainly your bank account with your name on it is subject to levy/attachment. If this is a case where you no longer have any money then it may be that you just walk away and since the debt will likely be found non dischargeable then go underground (not literally) I mean all cash business of some kind or place in another parties name. Note that even though there is not attorney client relationship here I am not advising you to defraud creditors or evade any taxes.

With that said feel free to ask any follow up questions you have. I am logging off for the night, but I will be back online tomorrow around 1:00 PM CST

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