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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12396
Experience:  JD, MBA
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I filed for bankruptcy and one of the creditors feels I am ...

Customer Question

I filed for bankruptcy and one of the creditors feels I am lying on part of my statement because when I was asked about a check drawn on my credit card I did not realize my son who had attemted to us my credit card to draw funds at the same time I was trying to draw funds to help him. When asked for an explanation of these two transaction attempts I could not remember so I answered that I did not do two transactions. The lawyer on the creditors part is saying now that I lied and used the money for some other purpose because I was going to file for bankruptcy. lawyer says that I sound like I am trying lie - he does not seem to be interested in representing $5,000 fee he will be getting now that we have to go to court. The creditors lawyer sent me a 500 page document with 5 years worth of bank statement requests and personal finance for the last 5 years, I don;t have these, can I go to jail? Ia m 60 and terrified because my son used these cards to buy crap and I am responsible
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 9 years ago.

Hello and thank you for allowing me to address your legal question.

It’s doubtful that you would be charged with a crime. However, it sounds like the creditor is either trying to have that particular debt excepted from discharge, or he’s trying to have your entire bankruptcy dismissed.

If you review section 523 of the Bankruptcy Code (which you find HERE), you’ll see that certain debts cannot be discharged (for example, debts that were obtained fraudulently). Also, if you review section 727 (which you can find HERE), you’ll see that the debtor will not be discharged if he made a false oath or account, or presented a false claim.

So, the creditor’s attorney is trying to find a way to keep you liable to his client for your debt. I’m unclear whether you implied that you have an attorney, but if you don’t have an attorney, you should get one immediately in order to handle this adversary proceeding.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. Thank you and good luck!

DISCLAIMER: Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting. Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

TJ, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 9 years ago.
great info, exactly what i was looking for, thanks for the direction, it helps me understand what this creditor is trying to do.