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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2890
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I had to file chapter 7 bankruptcy by myself last May. I now

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I had to file chapter 7 bankruptcy by myself last May. I now have an adversarial lawsuit against my bankruptcy. It states that I made some mistakes (which is true but not to hide anything. They were just simple mistakes) It also accuses me of fraud which is completely false but I do not know how to defend myself. The judge has judged in their favor because I did not defend it yet. The judge told me I should ask for a hearing. I am lost as to what motion or paperwork to file or what to do next to get the hearing. I have scheduled a date with the court of April 9th already.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
There are several ways a creditor can object to the debt. There is a fraud section under the bankruptcy code. You may have a chance to win, as creditors often take the shotgun approach, and allege all sorts of allegations in the complaint that may apply based on the facts. The adversary is basically a trial to prove those elements and ulitimately to determine dischargeability of that debt. Since this is serious, you should hire a local bankruptcy attorney to represent you in this adversary. However, you can also negotiate a settlement with them as well, whereby you agree to repay a certain amount, discharging the rest. Either way, you should at least meet with a lawyer, who can help you file the correct paperwork to correct the inadvertent mistakes you said you made as well.
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Unfortunately I filed bankruptcy because I am truly broke. I have been to see several attorneys who want huge retainers. Now I find myself caught because I do not have money to get help declaring that I have no money.
Expert:  Terry L. replied 8 years ago.
I am sorry to hear that. It is tough, since the person filing is truely bankrupt, but there is a lot of work involved, this is a mini-trial, so attorneys will want to be compensated for the time and work they put in. There may be some pro-bono services you can qualify for, call the local bar association and bankruptcy court for a referral.
Good luck.