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I am in the process of filing the criminal fraudulence case

against the owner of a...
I am in the process of filing the criminal fraudulence case against the owner of a company that owe us money and transfer $$ to his kids and then filing for chater 7 . do you think by filing to austin for the case is going to affect his bankrupcy case?

in general what are the chances of them getting the approval for the chapter 7?
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Answered in 1 minute by:
6/3/2011
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

Customer:

I am not sure what is happing I am not seeing ur replies and it is taking me to this chat screen

WALLSTREETESQ :

I got cut off

Customer:

oh ok


 

WALLSTREETESQ :

You need to appear in bankruptcy court and file a proof of claim for the money owed.

Customer:

I have my lawyer do that already

Customer:

but I also want to make sure he has no way to get away from it

Customer:

and what he did to my dad and others are fraud

Customer:

I want him to get criminally charged

WALLSTREETESQ :

The police report would hurt his chapter 7 case, but what is best is if you appear in Bankruptcy court at his 341 meeting of creditors and advise the trustee of the fraud, you will also have a chance to cross examine the debtor as well.

Customer:

my lawyer went to the creditor's meeting and adviced us not to go

WALLSTREETESQ :

I would contact the FBI as they deal with bankruptcy fraud case like this as well, and they do take these matters seriously,

Customer:

and he said judge sometimes do not always let creditors to go for the court date, but if he did , my lwyer will let me know

Customer:

how do I contact FBI

Customer:

so u are saying not to just file against the security SSB in austin?

Customer:

but also send to dallas FBI office?

Customer:

how do I know if I am sending tot he correct FBI office

WALLSTREETESQ :














FBI Dallas
One Justice Way
Dallas, Texas 75220
dallas.fbi.gov
(NNN) NNN-NNNN/td>
FBI El Paso
660 S. Mesa Hills Drive
El Paso, TexasNNN-NN-NNNNbr/>elpaso.fbi.gov
(NNN) NNN-NNNN/td>


FBI Houston
1 Justice Park Drive
Houston, TX 77092
houston.fbi.gov
(NNN) NNN-NNNN/td>
FBI San Antonio
5740 University Heights Boulevard
San Antonio, TX 78249
sanantonio.fbi.gov
(NNN) NNN-NNNN/td>




WALLSTREETESQ :

You would contact the nearest office.

Customer:

is there anything bad if I work with my lawyer on the bankrupcy process and present my case and at the same time sending to Austin security office and FBI?

Customer:

ty so just send what I send ot austin to this office as well?

Customer:

I will call the Dallas office and see if I also need to send to any special attn.

WALLSTREETESQ :

No, in fact I would contact the FBI first, and the trustee as part of his duties should do his own investigation of the fruad and contact the US Justice department to investigate the fraud.

Customer:

fab ty

WALLSTREETESQ :

In cases such as this, if the trustee of the Court believes their was fraud he would have the FBI involved as well.

Customer:

is there special format I need to do when sending to FBI

Customer:

or call to find out

WALLSTREETESQ :

You should call them, they may state you need to contact their bankruptcy fraud department.

Customer:

fab ty so much will call

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Customer reply replied 6 years ago

I called and got hold of an agent and he said to personally mail to him and he will make sure he pass it on

I have done a very detail doc what are the chances that they will take the case?

It is possible, they will notify the Trustee and US Dept. of Justice and may begin an investigation.
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

I want to ty for giving that important tip, plus the tip I got from the district attorney's office I was able to filed a very detailed document to FBI with all the eveidence I have of the guy to proven he was being a fraud. and after calling one of the guy multiple times to make sure not only he received the document but he did the report, he told me the rest he can not help me, it will be up to the agents to determine if they want to prosuade the case. and just a bit more than a month, I got the call and I had the agent visit us to get more information and he said he is taking this case very seriously. He said this guy has gone many bad things but I am the only one that had a case against him.

so my question is will this also help the bankrupcy court from not approve his chapter 7?

I also just got a letter from the court for extension "

all creditors and parties in interst

1) the deadline for filing complaints to determin the dischareablility of debt pursuant to 11 U.S C 523

2) the deadline for filing complaints objecting to debetor discharge pursuant to 11 USC 727

the deadline for the filing of a motion to dismiss pursuant to 11 USC 707 a and B

Yes, these are serious allegations, and the FBI investigation will help, if not stop his case, if the trustee knows about it. You need to make sure you file an objection to his discharge, and appear at any hearing to make your argument.
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Customer reply replied 6 years ago
so I need to file the 2) from this letter correct?
yes, you need to file a motion objecting the discharge, and ask for a hearing ASAP.
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Customer reply replied 6 years ago
I will have to tell my lawyer that then, should I also tell my lawyer I have filed and being accepted by FBI for fraud case against the guy that owe my dad money?
Customer reply replied 6 years ago
which is 727 then?
Yes, you should provide the information of the FBI to your attorney. And send a letter to the trustee that an investigation is going on.


11 USC § 727. Discharge

(a) The court shall grant the debtor a discharge, unless--

(1) the debtor is not an individual;

(2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed--

(A) property of the debtor, within one year before the date of the filing of the petition; or

(B) property of the estate, after the date of the filing of the petition;

(3) the debtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case;

(4) the debtor knowingly and fraudulently, in or in connection with the case--

(A) made a false oath or account;

(B) presented or used a false claim;

(C) gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or

(D) withheld from an officer of the estate entitled to possession under this title, any recorded information, including books, documents, records, and papers, relating to the debtor's property or financial affairs;

(5) the debtor has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtor's liabilities;

(6) the debtor has refused, in the case--

(A) to obey any lawful order of the court, other than an order to respond to a material question or to testify;

(B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or

(C) on a ground other than the properly invoked privilege against self- incrimination, to respond to a material question approved by the court or to testify;

(7) the debtor has committed any act specified in paragraph (2), (3), (4), (5), or (6) of this subsection, on or within one year before the date of the filing of the petition, or during the case, in connection with another case, under this title or under the Bankruptcy Act, concerning an insider;

(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

(9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least--

(A) 100 percent of the allowed unsecured claims in such case; or

(B)

(i) 70 percent of such claims; and

(ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort;

(10) the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter; or
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Customer reply replied 6 years ago
ok I will email my lawyer right now and demand for him to file complaint of objecting to debtor discharge bc FBI has accepted our case to investigate his fraud case.
Yes, and have the FBI send a letter or contact the Court as well.
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Customer reply replied 6 years ago
I asked FBI if they have contacted court and he said he is not able to get into detial with me, but they have started with investigations
that is good, provide his contact info to your lawyer, so he can tell the Trustee and Court.
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Customer reply replied 6 years ago

oh ok I will

do u think my lawyer will be mad at me for doing all these work without him knowing?

I did it bc during one of the meeting with him, he said suing someone of fraudulence act is not civil case, which he does not handle.

it would be criminal case.

so I did not tell him what I was trying so hard to do

please I did not know if FBI would accept the case

 

if the FBI did not accept the case yet, than you do not have to mention it to your attorney, but you should mention that you contacted the FBI and they will investigate.
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Customer reply replied 6 years ago
I am confused, FBI has accepted the case and came to talk to me and my parents, and will have a case number, and they have started with investigation.
Than they have an invesitgation pending, so I would tell that to your attorney, and provide him the information.
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
ok ty so much!!!!!!!!!!!!
good luck
Ask Your Own Bankruptcy Law Question
Thank you for your time, if you have another question do not hesitate to ask.

If satisfied please press the green accept button, thank you again.
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
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WALLSTREETESQ
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
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Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS

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