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I had a hearing in bankruptcy court- does this mean I wasn't…

I had a hearing in...
I had a hearing in bankruptcy court- does this mean I wasn't supposed to defend myself against the one who called for the hearing?
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Answered in 29 minutes by:
11/16/2017
cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 515
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
Verified
In order to answer your question o would need a little more details. What type of hearing did you have?
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Customer reply replied 7 months ago
To divide assets from order by divorce judge. Hearing scheduled by ex spouse.
I have an objection to it,how should I be prepared?
Customer reply replied 7 months ago
I am requesting law educator to look at attachment. We spoke before - these are the elements I'm up against. I have a bk attorney-can he assist me with any of these elements?
thanks
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
Verified

Hi, I see that you requested LawEducator. Would you like me to release this back to the queue so that he might see it? If not, I am happy to help you with this.

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Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,208
Experience: Attorney At Law handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry I just received notice of your question.

Your family attorney handling the divorce should be presenting proof of the fraud to the family court. If there was fraudulent bankruptcy filed, as we previously discussed, your BK attorney needs to raise that in the BK court separately.

So you have two places to argue this matter to try to get one of the two to recognize that there was fraud involved to try to prevent you from receiving what you have legally due you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,208
Experience: Attorney At Law handling education matters.
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Law Educator, Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks- ok- what do I do- I'm between a rock and hard place-there was a hearing on the bk side for the bk judge to approve the property judgment by the dv judge.
Can we talk? I am attaching a few documents
Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 73,292
Verified
Phone call session started
Customer reply replied 7 months ago
law educator are you available?

Thank you for your reply.

I am available now, yes. Sorry, but I had an afternoon meeting so I went offline early.

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Customer reply replied 7 months ago
Okay I had a call in and don't think I was charged because ely called and I anticipated speaking with you so he said he put the call back out there
Customer reply replied 7 months ago
Anyhow there were four documents and thank you for your advice is always however it's not going down exactly like that I'm going to I will ask you this question can I just go ahead and utilize my bankruptcy attorney on a limited scope bases it means I'm no longer going to have him because he's not willing to do
Customer reply replied 7 months ago
Sorry I didn't mean to send he is not willing to do the motion of reconsideration to bring what needed to be out at that hearing because my EX as we call him vented to BK judge enough to where she put everything back on my divorce attorney and my BK attorney could have done more by bringing out misconduct by the ex but he didn't and then I asked him could we do a motion to reconsider because the judge needed the whole story she asked was there anything else from me since the objection that he put in merely talking about the Lift violation and it was no big deal to her she was upset with him for not putting me in the loan modification mediation program attorney I mean the bka attorney
I thought I was in the program I kept telling him to do the so now I'm just wanting to have him on a limited scope bases because I'm going to file that motion of reconsideration and have my divorce attorney help me clean it up and send it on into the bankruptcy judge because what the bankruptcy judge said basically she saw nothing wrong with the divorce judge's ruling and I just feel that if the bk attorney would have described The Ex's intentional bankruptcy/ violation of the lifting of the stay and temporary orders or spousal maintenance I would have gotten a new trial or I would have gotten it voided on the BK side which would have made it easy to get it done on the divorce side I hope you understand what I'm saying so I need to terminate his service and I'm figured it out how much I would be paying a month I think I've been doing this bankruptcy I don't I'm not saying I'm an expert like you but I think I know how much my monthly payment will be just by reading and dividing 60 months time how much I'm behind

Thank you for your reply.

The only chance you have with this is proving he committed BK fraud. Absent proving that fraud, the judge's hands are tied as the BK judge has not seen the fraud yet either. If you prove the fraud in the family court, you can then take it to BK court and the judge can cite the ex for BK fraud.

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Customer reply replied 7 months ago
Ok thanks law educator.
With all my rambling.
Anyhow since my bk attorney has not done as I requested submitting my request into loan modification mediation program as I was doing on my
He has also failed to amend the plan minus a vehicle because it was totalled
And it seemed to me that I was fairing better on my own with more contact with the trustee. If he saw problems I would get emails and I would correct them
Now I know the formula for my approximate plan payment
And he doesn't want to get involved
With the. Motion to reconsider in which as you can read is
basically procedural as it relates to ex's bk
ex's intent to file bk,
Ex's violation in reference to spousal maintenance, his attorney was at fault
Ex,s committing perjury in 341 not amending it
While I know it has been dismissed, it provides the information for this judge to get the full story instead of hearing this military veteran coming before her like he has and is being victimized. It's time for him to be exposed for setting this up basically frauding both courts or at the very least misrepresentation.Question can I hire my bk attorney just on limited scope after I terminate him.? I don't want to but he is given me no options

Thank you for your reply.

You can hire him for limited scope representation IF HE AGREES TO DO SO.

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Customer reply replied 7 months ago
Thank you law educator.

Thank you.

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