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Law educator upon viewing both objections and motions and…

Law educator upon viewing both...
Law educator upon viewing both objections and motions and researching and talking to both attorneys they know I have something but bk doesn't feel strong enough on the bk side. And the dv attorney knows there is something but upon review the rulings done by thus judge he nows that she's not going back on her ruling
Upon researching I finally came across my exact problem and what ex has done I just need to know is it fraud/ misconduct "scorched earth strategy"
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Answered in 33 minutes by:
11/18/2017
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,929
Experience: Attorney experienced in commercial litigation.
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.

The issue is you have to prove exactly what the fraud was in order to win your case. We all know sometimes a situation does not seem right or smells fishy, but until you actually present evidence in the court to show the court exactly how there was fraud the court cannot help.

Scorched earth strategy all by itself without proof of lies or fraud is not misconduct. You need to show that the BK was obtained by fraudulent documents and information being presented in the court.

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.

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Customer reply replied 8 months ago
Ok in the divorce side it gave great examples and this is exactly the strategy that obviously he and his attorney used. He even threatened my daughter and I with it. I just didn't know what he meant but it gave the example and this is what he's done no matter what he says I don't want anything but I don't want you to have nothing and I will not pay anything I'll see that we lose the houses before I got to pay you anything
Customer reply replied 8 months ago
He would rather see us both on the street so when I got the orders that's why he filed a bankruptcy intentionally and he didn't pay on thing on that side and he had the attorney so they both knew what they were doing call attorney and the ex me what they were doing that's what they said was a scorched Earth strategy
Yes I would like to talk to you but I got to know I'm talking to you and no one else thank you

Thank you for your reply.

I understand the strategy, but it is not illegal to use that strategy and it is not fraud if he is not presenting untruthful information.

So you still have to prove the fraud itself.

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.

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Customer reply replied 8 months ago
I was aware of that but they did say that it could be used by the injured party as a way to expose the deceit and misconduct by painting or providing evidence to court they said brought out within these long contested divorces and sanctions do apply because how are you going to prove the fraud that is what they're saying I mean you can't prove the fraud yet unless you have some type of forensic accountants forensic something and I know you can't afford it because they made sure of that. that because you don't have anything no disclosures he filed a bankruptcy it was intentional to destroy the property and to ruin me financially and to make sure he never paid spousal maintenance let's just take out the term" fraud".
what do I have I know I have something there's case law out there for it maybe law educator I'm not using the right terms but I need some help here

Thank you for your reply.

You do need to have evidence to prove fraud. The only way the court is going to reverse this is through you proving fraud, so we cannot take the fraud out of it.

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Customer reply replied 8 months ago
I see it's pretty no I'm looking at these rules something after the fact I didn't even realize that this is what was going on until I kept question and it why is this happening why is he willing to so to speak burn down the houses and keep stepping I'm realizing that these methods are used more in these no-fault marriages or divorces so there has to be some type of Defense or case law that shows at this type of tactic while it may not be quote on quote illegal it is morally and ethically I would never want to get an attorney like that so obviously at the core of it it's violating your civil rights it's like one of those mind games narcissistic moves question is defense or offense I don't know but I know this is what I got and I know there has to be case law out there to stop this that me being on the street so forensic accounting

Thank you for your reply.

This is not really a civil right defined in the constitution. Again, there is no case law addressing what is happening to you here, it is something that has to be fought as we have been discussing on the fraudulent conduct of the ex. However, without showing that fraudulent conduct, you are not going to succeed on this proof.

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Customer reply replied 8 months ago
I got to find some procedural loophole first are you available to speak with me now thank you?

Thank you for your reply.

I am available, but after looking and looking at this, there is no "procedural loophole" that you might be wishing for.

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Customer reply replied 8 months ago
Law educator I've already made payment to speak with you a couple of days ago.however that person wasn't you so he said he was putting it back or sending it you
I already notified just answer as well.
Thank you.

I will contact them about it, but that is with Just Answer and I have no actual knowledge of payment issues I am afraid as I am not a site employee.

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Customer reply replied 8 months ago
Law educator I will contact the as well again. Law educator back on 11-15-17- I sent 4 doc -from expert opinion is there anything that I could say differently to prove intent?
On either side-
Customer reply replied 8 months ago
I had that hearing- I want to file the motion to reconsideration- since this is my bk- and I wanted the judge to know- the whole story- also attorneys objection as I stated earlier was shot down by the bk judge-but she was concerned about him not putting me into the loan modification mediation program. She held off- on agreeing with the ruling on the dv side- until she finds out if I can get a new trial since that is what the bk attorney told her.

Thank you for your reply.

I am really sorry, but nothing really in there would change the situation with the court I am afraid. This is a case of without the evidence necessary you are really stuck because it is not a legal case law issue or even a technical issue, it is an issue with the evidence necessary to get the case vacated.

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Customer reply replied 8 months ago
Below is the motion that the dv attorney- sent to me as a draft he is awaiting for me to approve- since the pressure is now on him- and me- please provide expert opinion as to what I can do to strengthen my argument?
I have also attached my rough draft-was wondering if you saw anything there that the dv attorney could add in his motion before he sends it out?

Thank you for your reply.

Actually your attorney has included all of the major issues you raised in your document in their document. So they have all of the major points covered.

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Customer reply replied 8 months ago
Thank you for your reply."I am really sorry, but nothing really in there would change the situation with the court I am afraid. This is a case of without the evidence necessary you are really stuck because it is not a legal case law issue or even a technical issue, it is an issue with the evidence necessary to get the case vacated"
1. Law educator I cut and pasted your response- when you say "evidence" what do you exactly mean?
2. Also, this was just to be a hearing and not an evidentiary hearing?
3. If evidence is or was paperwork, perjury, his bk, temp spousal maintenance, emails, (is this what you mean by evidence for the bk court?

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

1) You have to prove by actual evidence that a fraud was committed in the BK, such as you know where he hid assets he did not claim in the BK or he did not disclose assets which would have caused his BK to be disallowed.

2) A hearing is a hearing, the only reason someone calls anything an evidentiary hearing is that evidence is presented, but evidence can be presented at any hearing to support a party's position.

3) Evidence can be oral testimony or it can be documentary evidence of perjury or his BK.

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.

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Customer reply replied 8 months ago
Thank you law educator-
To the bk issue for the final time-
1. at this hearing the ex was spurring out untrue statements about me and the bankruptcy that I wasn't paying and that I was holding things up-
2. The judge listened to him, and then asked if there was anything from my side to dispute his claims or information my attorney said no.
3. After wards he said he didn't think this would be the outcome, since it was just a hearing and not an evidentiary hearing. He said he thought his objection to the dv ruling was sufficient due to automatic stay- but the judge saw it differently. I asked him why he didn't say anything else to the judge about the husband's claims? He said it would be he said she said.
4. My ex has been actively using the scorched earth policy this entire 2 years. I asked attorney could I submit a notice of reconsideration to the judge to let her know the real deal-I mean that his case was dismissed for failure to pay then and he still hasn't paid in two years that in fact he was using the scorched earth policy on this court as well as the dv court. I would place the bk hearings of where he lied at the 341 meeting, never amended the lie, and never turned in his last 3 years of tax returns as requested by the trustee.
5. I was told by my bk attorney that if I did this- he wouldn't write it- and that he would no longer be my attorney.
6. Ever since I paid him, he has failed to place me in the loan modification mediation program, something that I as a pro se debtor was doing on my own- but stopped because I thought he was going to do it- and he hasn't yet-. Since I hired him, one of my homes has been taking out of the bankruptcy, before I had him I was doing in constant communication with the mortgage or servicer/ and I still want to find out who actually holds the note
7. So I am requesting your legal opinion or advise what steps should I take?
Thanking you humbly
Customer reply replied 8 months ago
Or would you suggest

Thank you for your reply.

Sounds to me like it was YOUR attorney who made a mess of this and potentially committed malpractice in failing to properly defend you and not speaking up to the judge. At this point, again this comes back to legal malpractice and seeking out a legal malpractice attorney to pursue the attorneys IF they cannot get this matter resolved, because it was their lack of action that caused the problem.

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Customer reply replied 8 months ago
law educator you know i've tried calling malpractice attorneys and they only want to work with people who have assets worth over 1M- i dont quite reach that threshold. so at this point- what would you suggest?
a.go to the trustee?
b. go ahead and terminate services with this attorney
c. go ahead and submit my reconsideraton to the judge,
I understand from this attorney i only have a 15 day window to submit my reconsideration to the judge.if i do it- hes out he says so im dammed if i do and dammed if i dont so to speak
d. if you could review my reconsideration motion or notice- these are the issues that should have been addressed during the hearing-- i just need her to know- definitely the ex-spouse has worked the scorched earth policy on the bankruptcy court and the divorce court. i have a chart that I did as a visual to let the courts know how he has implemented the scorched earth policy-

Thank you for your reply.

I know the issues you have had getting one, but that is what all of this boils down to ultimately, you are saying the attorneys failed to present anything that could have defended your position in this matter. That amounts to malpractice.

First thing you need to do is get him to submit reconsideration, as you said you have the short time window. You need to tell him if he will not do it to hand you his withdrawal notice immediately and then you either need to get yourself a new attorney or represent yourself.

While I can review your reconsideration motion, I cannot write any of it for you and really can only go through it based on what you are saying to make sure it legally makes sense.

That whole "scorched earth" you keep mentioning is not against any law, so the court is going to take that with a grain of salt, so do not spend so much time on that as you do focusing on your legal arguments.

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Customer reply replied 8 months ago
ok thank you- the scorched earth while its not illegal per say- but its unethical and morally wrong- in this arena- the tactics are despicable- and i will point that out- in my reconsideration- there is a script/ or an order/procedure you play by in this divorce matter in which i have done- read the guidelines- and was proceeding accordingly, reading the preliminary injunction etc--- however he implemented the scorched earth tactic right after he filed the dissolution documents-purposely not paying on the community assets/cutting off insurance/utilities/not providing disclosures/ not paying spousal maintenance when it was ordered/filing bankruptcy in the middle to continue to not pay on community assets and to pay spousal maintenance/ being allowed into both courts causing confusion/ possible loss of homes/ he stated to our daughter he will have us out on the street before he signs over the houses/he doesnt care his credit is ruined and mine/hes got funds saved because he hasnt had to pay any of his debt in 2yrs /all while using the bankruptcy and divorce court- for free- so i didnt know what he was doing- but i am grateful i stumpled upon the scorched earth tactic-now i know- i am the enemy and he wants to get rid of me-yes he may be wounded- but he will recover(he has the cash) but as for the enemy- continue to kick- sorry for this-
however, i may be down-but im not out yet-

Thank you for your reply.

You cannot argue unethical conduct or immoral conduct in your brief, the court really does not have authority to rule on anything other than violation of the laws.

You can keep arguing that, but it is something that the court cannot help you with and just because he is a jerk and engaged in these tactics the only way to dispute them is based on proof of fraud.

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Customer reply replied 8 months ago
i understand law educator- and forgive me- i now i will not use or say this in my motion- its just something i will keep to myself- and now that i have experienced nothing but pain emotionally and financially- its not right-
1.so my solution is to find or show fraud during divorce and bankruptcy correct?
2. getting back to m.o.r- i understand you can not write- or make sure it sounds legally correct- my request is that you review, and advise if there would be anything i could add or delete?
________________________________
1. next issue is the dv attorney's motion for new trial (his draft- i attached earlier)(If you could review)
2. my own pro se motion objection/request for new trial-(if you could review)
3. he doesnt see how i would get a new trial based on the outcome of the bk hearing, however he said he would put his motion in and hope for the best once i reviewed it-
4. i reviewed it and i sent him an email- asking him to place some of the information that i provided in my motion for new trial to give this judge a clear picture.
5. the picture that is painted of me- is not the best
6. my question is - if for some reason this judge comes back quick and says no new trial- and its based on the time factor- of not being submitted in time
7. could we change the rule to 85 or motion to vacate/set aside based on fraud, misconduct, etc? and resubmitt?

Thank you for your reply. You are a subscription customer, it costs you nothing more to leave positive feedback and open these long multi part questions in a new question each time, but it does allow you to provide to take care of your expert for all the time that it takes them to go through each part of your question. So please in the future be considerate of your expert and open new questions and leave positive feedback as we go so experts are credited and you do not forget to leave positive feedback on older questions. Thanks.

1) Your solution is proving fraud in the BK or divorce, yes.

2) Yes, we can do document review of that nature, but it is an extra fee service because of the sheer time it takes to do it.

Your next issue should be opened in a new question.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,929
Experience: Attorney experienced in commercial litigation.
Verified
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Customer reply replied 8 months ago
thank you law educator
how much would it be for a document review?

Thank you for your reply.

Document review is based on the number of pages, because that determines the time it takes. It could be anywhere from $60 to $150 on average.

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Customer reply replied 8 months ago
thank you law educator
1. on the bk side- bk's attorney objection to division of property =4 pages
2. my reconsideration to bring to bk judges attention what i believe the bk attorney should have done but didnt say on my behalf=12 pages
a. your expert opinion if bk's argument was enough and b. if my reconsideration is something that in your opinion the bk judge wil pay attention to--i tried to stay on topic of bk matters only- and if there are some issues that need to be deleted.

I honestly cannot tell you unless I actually see the amount of time it is going to take to go through everything, but on average it would be about $150 for 20 pages of pleadings to go through them and make any suggestions if required.

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Customer reply replied 8 months ago
thank you law educator
with that being said- between the 4 documents= i have a total of 29 pages
in your expert opinion which is the best course of action to review
a. both attorney's dv/bk =motions are relatively short =8 pages
b.my responses or pleadings are 12 for the dv side and 9 for the bk side=21-
c.the reason why i attempted to write a motion is since this case has been ongoing-my hopes were that the attorneys would review and add or delete what they deem the best argument
d. my funds are short as well as time- thank you

Thank you for your reply.

Honestly, I know your time is short, I will review what you think needs reviewing. I would say that it is best for you, and more economical, to use your BK and DV attorney motions as written AND go through them and add in or fix what you believe they have wrong or neglected to mention. That is the most efficient way to do it.

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Customer reply replied 8 months ago
law educator- thank you that is what i tried to do-in the motions that i have.
the dv motion that the dv attorney drafted has not been sent- (so if you could review this)
the objection or motion for new trial is what i drafted as soon as the dv judges ruling came down
_____________________________________
the bk's objection has already been done-
i just wanted you to review my reconsideration to see if its appropriate and to possibly get the judge to reconsider-rejecting the dv ruling based on the information/evidence i submitted to her( so i suppose this one to review)
im just so afraid about terminating the services of this attorney-and trying to get another- without paying more funds that i dont have- and the plan is already done- all it just needs to happen is to have it placed in the loan modifcation mediation program and submit to the trustee

Thank you for your reply.

I will review your reconsideration the 21 pages if you want, it is up to you but you need to make up your mind.

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Customer reply replied 8 months ago
Law educator my mind is made up.
It's the affordabilty factor for me honestly.
Where do I go to remit payment.
Customer reply replied 8 months ago
Law educator I just received a notice from the trustee for possible dismissal of my case based on what the dv judge says by the 13th of dec.
Then I get an email from my dv attorney and he's got minute entry telling him to file his motion for new trial by Monday 1127.
Now this dv judge has never moved so fast before. She only moves when my ex tells his dv attorney something and then the dv attorney tells her and she moves. She didn't even rule on property until 9 months later when my ex managed to get one of the houses out of the bk something that he brought to his attorneys attention than she ruled
So it's apparent that they are coming in for the kill.
I know she is just going to cite to late for new trial.
I got to at least get rid of my bk att tomorrow and file that motion to reconsider. That dv judge is clearly biased upon on me there is no swaying her.
So if you could review my motion for reconsideration on the bk side ot would most appreciated. If nothing else the bk judge will finally hear and see what I have. Can I do a motion to reconsider exparte? Can i bring my concerns of my attorneys lack of interest to bring to the judges attention pertinent important information to the trustee? I don't know where to go with so little time on my side.
I want to be able to do an adversary pleading something that I've asked via email for my bk attorney to do but he refusedPlease advise. Thanks law educator

Thank you for your reply.

AGAIN a new question and you are a subscription customer and while it costs you nothing to open new questions and leave feedback, every time you do this the expert helping you uses their time and gets zero credit.

So please be considerate of your expert and open a new question as required for these new issues you keep raising.

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Customer reply replied 8 months ago
Ok please forgive me to law educator I guess I just got so excited at when I got all this I forgot so I did close it out thought I did.

I know you get wrapped up in the questions and that is why I need to remind you.

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Hello Paul, I have a question regarding a motion on the court dockets, i need to know what it means" request for production". The plaintiff filed back in june an affidavit of indebtness, which i was g… read more
Law Educator, Esq.
Law Educator, Esq.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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