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My case is complicated, I filed Chapter 13, I received the…

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My case is complicated, I...
My case is complicated, I filed Chapter 13, I received the completion of plan January 8, 2017, a Final Report, all of my money paid in plan returned, the trustee said we didn't owe anything, no claims allowed. The creditor failed to file claim, in question sold my home February 2017, to a shellcorporation, hired a law firm in Chicago- counsel for credtior said that the creditor is defunct as of February 2014, not licensed in Indiana, and cannot be a defendant- she then withdrew her appearance- they sold my home for $200,000 in a pending bankruptcy case, a US District Court Magistrate said in a related case April 2017, the property must be returned to the open bankruptcy estate and disgorgement profits. I located the Sheriff's Deed that's obviously fraudulent document. The creditor does not have contact information, never filed claim or proof of sale with Bankruptcy Court. They don't have a valid mortgage. How do you get a party to return the property to a hostile court environment?
Submitted: 5 months ago.Category: Bankruptcy Law
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Answered in 27 minutes by:
11/20/2017
Bankruptcy Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 10,398
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Bankruptcy Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. If I understand your situation correctly, the bankruptcy court authorized the chapter 13, but a creditor still sold your home to someone else. Have you spoken with the trustee about this situation at all?

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Customer reply replied 5 months ago
I just got a letter back from the US Trustee dated November 15, 2017, that states the following “ [T]he issues raised in your correspondence are not within the purview of this office. These issues have been litigated in other venues and its not our place to intercede on your behalf. I encourage you to seek your own counsel. Our office will not respond to further requests for assistance in this matter.” No one will take the case because of the creditor has submitted fraudulent documents over and over again, courts are bias in favor of foreclosure mill law firms, and corruption is common practice in the courts. The creditor’s own attorney (October 26, 2017) before withdrawing two weeks ago stated that the creditor cannot be an defendant in a related case because they have had withdrawn a business entity as of May 18, 2011 in the state of Indiana and they are defunct business entity as of February 21, 2014.
Bankruptcy Lawyer: Legal Eagle, Lawyer replied 5 months ago

Ok, thank for posting. Have you considered whether there are any new trial motions you could file or whether you can appeal the previous decision?

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Customer reply replied 5 months ago
I'm appealing, I filed brief and just received appellees' brief. It's a cover-up that's been going on for 30-40 years. They steal homes they have no mortgage or interest in. It seems everyone involved in maintaining the status quo. Their own attorney has recently through the creditor under the bus, stated that creditor cannot be a defendant is defunct. Counsel for creditor run the courts- break every rule and due process of the law without consequences.
Bankruptcy Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm sorry to hear about your situation on this. Do you have an upcoming hearing on any motions or trial?

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Customer reply replied 5 months ago
Great question!
The courts deny everything I file even before parties have a chance to respond. The trial court even claims the case was closed and would not accept my motion to correct errors under 60B, creditor/plaintiff has filed 5-7 additional pleadings including the motion to declare our home abandoned.
Bankruptcy Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thank you for providing that. Keep in mind that if there are errors or if justice is not properly carried out you can continue to appeal your case. In your case, it seems as if there may be issues of law that are not being applied correctly, therefore, the higher appeals courts should be able to continue to hear your case. I would also recommend going to www.findlaw.com, creating an account, and doing some case law research to help support your legal position. The creditor is likely depending on your lack of knowledge in this area and you could surprise them with nuanced understanding of the law. Did you have any other questions that I could answer for you?

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