a persn who owes me money as gone into bankcuptcy. I believe the person has falshified the documentation. What rights do i have to gain access to documents to investigate them.
2007-02-12 13:46:24 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I practiced bankruptcy law for 12 years and have filed over 4,000 cases. Your question is a bit vague and I will try to make my answer non-technical.
You should go to the Bankruptcy Court Clerk's office and request a copy (Not the County Court or State Court - It will be in a Federal Courthouse). Not all debts are dischargeable in bankruptcy. You should go online, pull-up the bankruptcy code, and look at Section 523. This section is titled, "Exceptions To Discharge." There is a list of all sorts of reasons that the Bankruptcy Court will rule the debt is non-dischargeable. Read the fraud section very carefully.
I surmise from your question that the debtor has filed a Chapter 7. If so, I strongly recommend you check-out Section 727. There is all sorts of stuff in there about dismissing cases based on filing false statements. Make sure the false statement is something probative, e.g. - the best things to hit him/her on is lying about income and expenses (Schedules I and J) or assets (Schedules A and B). Also pay careful attention to the "Statement Of Financial Affairs." There are some other objections you could make, but these are the best ones.
Objecting to something "little" will not get you anywhere. For instance, if the debtor mistakenly put a wrong previous address on the Statement of Financial Affairs, the Court will probably hold that, even though it is false, it is "de minimus."
OK, let's say you pulled the documents and the debtor lied by not reporting money he makes on the side, he inflated his expenses and did not report that high-tech bass boat on Schedule B. What do you do next? Make sure you go to the 341 Meeting of Creditors (you will find the date and time on the "Notice of Bankruptcy Filing" that you got in the mail). Ask him about these things so that a) you can get him to admit in his testimony that the information is misleading or b) you can get him to commit perjury.
A couple of days after the Meeting, call the Trustee. Act dumb and ask him if he is going to do anything about the debtor. You can mine all kinds of info. this way. Also, you can go back to the Clerk's office, wait to see some lawyer or paralegal hanging around and ask him/her if he/she can explain something to you.
I wish you luck!!!
2007-02-12 14:56:08 · answer #1 · answered by Jesus Jones 4 · 0⤊ 0⤋
The only thing you can do is file a proof of claim so you are notified of any further dealings with the bankrutpcy court. If he has filed a Chapter 7 bankruptcy you are probably screwed, but if it is a Chapter 13, you may be added as a creditor and will get some or all your money back over the next five years.
Bankruptcy records are not public records until the bk is discharged or the plan has been approved. If it is worth collecting, hire an attorney to go after your money.
2007-02-12 21:58:51 · answer #2 · answered by Starla_C 7 · 0⤊ 0⤋
Bankruptcy records are protected by privacy laws. If the person listed you as a creditor you would have received notice. You may contact the bankruptcy court and ask how you can be included as a creditor in a bankruptcy. If it has been discharged, you may be out of luck. If you have not received notice then there is a good chance he did not include you in his bankruptcy.
2007-02-12 22:08:32 · answer #3 · answered by glamour04111 7 · 0⤊ 0⤋
Banklruptcy records are protected by privacy laws. If the person listed you as a creditor you would have received notice. You may contact the bankruptcy court and ask how you can be included as a creditor in a bankruptcy. If it has been discharged, you may be out of luck.
2007-02-12 21:51:03 · answer #4 · answered by cinsingl83 3 · 2⤊ 0⤋
Go to your county clerk's office & request a copy of the bankruptcy filing. If you are listed as a creditor it would be on the document.
2007-02-12 21:52:41 · answer #5 · answered by SantaBud 6 · 1⤊ 1⤋
I believe you have the right to submit a claim to their lawyer in either case it would be in your best interests legally to go through a lawyer.
2007-02-12 21:52:21 · answer #6 · answered by KitKat 6 · 2⤊ 0⤋
You can check www.insolvency.gov.uk and as long as you have their details it can confirm for you if they are or not. You may have to pay a small fee im not sure.
2007-02-12 22:16:04 · answer #7 · answered by lion_of_mercia 1 · 0⤊ 0⤋
GOOD LUCK THAT FOOL JUST DODGE A FINANCIAL BULLET
2007-02-12 21:49:11 · answer #8 · answered by Anonymous · 0⤊ 1⤋