Okay, great, thank you...
so i attended the hearing of 5/6 to object to the debtors objections to my "claim", already set for trial. He thought I thought my claim was secured and it wasn't I knew it wasn't. He made a mistake telling the secured creditors he earned more money paid by his corp, than he should have told them. It was determined that he had equity in his house, and wasn't honest about that, trying to manipulate it. In one year he went from a chapter 13 to 7 to 13, and still didn't confirm a plan. He was told by the judge my complaint had merit, and to be ready for June Trial....The judge also told me I could most likely go after his corp, and I could get testimony of prior parties involved in my disso during his legal rep of me. The debtor moaned, groaned and had so many careless actions, excuses for his behavior and lack of due diligence etc. Everyone wanted the case dismissed, except the Debtor and the Judge.
HOWEVER, the Debtor on 5/14 requested the judge to dismiss the BK, and that meant she would be dismissing my Adversary Complaint as well...Then he could file in 180 days and I would be stuck doing this all over again...
HOWEVER, on May 22, she granted his dismissal and my Adversary at the same time.
THIS IS THE 'KICKER: ???
ON MAY 14th (the same day the debtor requested the relief of his BK ) he also sent me a letter and enclosed a check for $1,000 of the $10,000 he owes me. THE letter
was written on CORP letterhead, and states that the check represents the 'first' payment of the $10,000 I am owed and awared through Arbitration. That he will be sending me $1,000 each 15th of the month until it is paid in full.
He Signed it. He Sent me another $1,000 payment the
15th of June. BOTH CHECKS ARE CORP CHECKS.
OKAY KIRK, I'M FREAKING OUT HERE!!
This Attorney / Debtor is not trustworthy. He scams, deceives, lies, fabricates, manipulates, buys time, and misrepresents...etc etc etc etc....SO i'm wigging out that he is up to something...???
MY SECOND-GUESSING THOUGHTS ARE:
He can't file for 180 days personally, but he can file BK on his CORP...he stalls me with a few payments until he can get his CORP ducks and Personal ducks in a row...then he files Corp BK and so he rids himself of being able to pay his personal debt to me and others. Then he refiles BK when he can and when he is ready, and then says that his Corp is BK and therefore he has NO money, and no source to pay any creditors, me etc and files BK 7. Then I can't go after his Corp in Protection or him, especially since he showed in good faith that he tried to pay me, and had good intentions, Judge See...OTHER such Scenariors are Possible....
I HAVE an Abstract already filed and recorded. He has received that. I have a Writ Issued for Levy,BUT I have NOT Levied anything....
KIRK, I feel like a SITTING DUCK FOOL Just waiting for him to shoot me, or empty the water in the pond. OR, HE IS intending to pay me, and I would be sending him running or complicating a long and tiring ordeal with him to get to this point. It's such a 'Crap Shoot".
IF I WAS YOUR CLIENT AND BEING SOMEWHAT FAMILIAR WITH OUR CHATS OF THIS SITUTION, WHAT WOULD YOU HAVE A CLIENT DO...?
Thanks for reading this, I sorry for being so lengthy.