I was sued by a lawyer representing a major bank. In 2008 my chapter 7 was discharged, but the debt with the bank wasn't because they said I committed fraud. I didn't go to court to battle this out-being I represented myself. Now I'm scheduled to go to general sessions court for this same debt in February 2010. Can I go back to bankruptcy court and ask the judge to discharge the bank debt? How do I word the petition?

Was this debt included in the petition when you filed the original bankruptcy?
If so then take the papers showing the discharge with you to court and have them dismiss it.
What do the papers say about the fraud ?

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Originally Posted by califdadof3

Was this debt included in the petition when you filed the original bankruptcy?
If so then take the papers showing the discharge with you to court and have them dismiss it.
What do the papers say about the fraud ?

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The papers say I committed fraud. A canadian company was temporarily set up and even had a valid fax number I used to send them documents for the "mystery shopper" job I was working for them. Anyway, I even contacted the fbi, tbi, and other governmental agencies asking for help. The only reason why the lawyer won is because I didn't feel competent to stand trial-being I represented myself. I want to go back and see if the judge would allow me to explain my situation and get the debt discharged.

So was the debt set aside during the bankruptcy or held until a decision was made in another court ? Is your claim you didn't use the card and they are saying you did ?

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Originally Posted by califdadof3

So was the debt set aside during the bankruptcy or held until a decision was made in another court ? Is your claim you didnt use the card and they are saying you did ?

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I got a bogus check in the mail and was told that I could keep a portion of it and needed to send the majority to canada by western union and moneygram. I did that. What's bizarre is the fact that the bank forwarded me the money even though they later claimed the check was bogus. I was charged with fraud because they said I knew the check was bad. The problem I have with this is they gave me the money before the check posted to my account. Now, I have to keep them from garnishing my wages and will have to represent myself in reopening the bankruptcy case in order to get this debt discharged with my others that have already been discharged.

It sounds like to me you fell for a scam,and the bk laws are so complicated now that even lawyers are having trouble understanding them,with that being said if you represented yourself it is possible that you did not understand what you had to do or why. If you cashed the check and then it was bougus then it needs to be paid back. How long did this happen before you filed bk?

If you went through Chapter 7 and this creditor was not discharged due to fraud on your part you cannot go back to the Bankruptcy Court about this creditor. You cannot have this matter dismissed as it is a criminal matter. You will have to repay the money that was fraudulently taken. Lots of people were scammed as you were but every single person who was scammed had to pay the money back to the bank.

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Originally Posted by DownUnder

It sounds like to me you fell for a scam,and the bk laws are so complicated now that even lawyers are having trouble understanding them,with that being said if you represented yourself it is possible that you did not understand what you had to do or why. If you cashed the check and then it was bougus then it needs to be paid back. How long did this happen before you filed bk?

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I don't feel it should be paid back. The only portion of the money I kept was less than $400. I sent back nearly $3000.00. The is at fault for advancing me the funds without ensuring my account was credited the money. Moreover, why couldn't they tell the check was bogus before cashing it? I couldn't tell. They had more of a financial obligation to be aware of bogus checks in order to protect their customers. I shouldn't be penalized because of their negligence.

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Originally Posted by twinkiedooter

If you went thru Chapter 7 and this creditor was not discharged due to fraud on your part you cannot go back to the Bankruptcy Court about this creditor. You cannot have this matter dismissed as it is a criminal matter. You will have to repay the money that was fraudulently taken. Lots of people were scammed as you were but every single person who was scammed had to pay the money back to the bank.

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Actually, I made an appointment with a bankruptcy attorney for next week. The staff person I spoke with felt confident the firm can help me. And, yes, they're not the only lawyers who told me post-judgment debts can be added to bankruptcies.

I still say you were scammed and you will have to pay the money back.You fell for the scam hook,line,and sinker!

You are lucky if the bank has not pressed criminal charges, they can, it is common to have them charge you with theft.

And sorry you owe the bank money and it is considered a criminal offense. This debt is not very likely to be discharged but a lot of attorneys will be glad to have you pay them to file a few papers.

See if any of them will only get paid if they win, I bet they will not be as happy to file.

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Originally Posted by DownUnder

I still say you were scammed and you will have to pay the money back.You fell for the scam hook,line,and sinker!

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Thanks for your frankness! However, I don't feel I should pay anything back. My account was charged off and the bankruptcy was supposed to have taken care of that debt. The opposing counsel lied behind my back by charging me with fraud when this didn't happen. If I had the money to pay back, I still wouldn't because the bank was stupid and negligent in advancing me funds they weren't even sure I would have later.

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Originally Posted by Fr_Chuck

You are lucky if the bank has not pressed criminal charges, they can, it is common to have them charge you with theft.

And sorry you owe the bank money and it is considered a criminal offense. This debt is not very likely to be discharged but alot of attorneys will be glad to have you pay them to file a few papers.

See if any of them will only get paid if they win, I bet they will not be as happy to file.

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No, I don't agree with you here. It's not a criminal offense if you publicize this occurrence with the local bureaus of investigation like I did. I even contacted the Georgia Consumer Affairs department who represents the bank. If I had something to hide, like many criminals do, I would have kept my mouth shut and not tried to notify the authorities!

Sorry you are wrong, you were cheated, ( and this is one of the biggest and most well know scams on the internet) even been on many TV shows.

But many banks give you a certain amount of time to pay them or they charge you with the theft. You were a party of the crime, although you did not know, we get people coming here often that are charged with the crime and in GA people are charged all the time with this.

It is not a matter of not telling, it is a matter of not paying back the money you got, sorry you sent it to someone else, but you owe it back to the bank and if you don't pay, banks in many states can charge you with a crime

Because of this, and because the money was taken by a fraud check, it can not be discharged in bankruptcy ( esp if the judge has already ruled it can not be) As long as the bankruptcy has not been discharged you can appeal the ruling

You seem to be totally unwared of the serious nature of this.


Phony Check Scams - It Looks Real, The Bank May Say It Is Real: But It's a Counterfeit!

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Originally Posted by Fr_Chuck

sorry you are wrong, you were cheated, ( and this is one of the biggest and most well know scams on the internet) even been on many TV shows.

But many banks give you a certain amount of time to pay them or they charge you with the theft. you were a party of the crime, although you did not know, we get people comming here often that are charged with the crime and in GA people are charged all the time with this.

it is not a matter of not telling, it is a matter of not paying back the money you got, sorry you sent it to someone else, but you owe it back to the bank and if you don't pay, banks in many states can charge you with a crime

Because of this, and because the money was taken by a fraud check, it can not be discharged in bankruptcy ( esp if the judge has already ruled it can not be) As long as the bankruptcy has not been discharged you can appeal the ruling

You seem to be totally unwared of the serious nature of this.


Phony Check Scams - It Looks Real, The Bank May Say It Is Real: But It's a Counterfeit!

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Well, this is my problem, isn't it? I have help here in my hometown and good faith it'll all work out for the best. See you later! :o

Yes it is your problem and a BIG one,Don't come to this site and ask for help and then get upset with what we are telling you. Like fr-Cuck said you are lucky you were not charged with criminal charges
Waste your money on a lawyer who in the end will tell you IT HAS TO BE PAID BACK.

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Originally Posted by DownUnder

Yes it is your problem and a BIG one,Don't come to this site and ask for help and then get upset with what we are telling you. Like fr-Cuck said you are lucky you were not charged with criminal charges
Go ahead and waste your money on a lawyer who in the end will tell you IT HAS TO BE PAID BACK.

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I mistakenly thought professionals respond to questions as an act of kindness and concern. In your case, I was wrong! Maybe some "netiquetee" lessons are in order for you! Don't waste your time responding to my inquiries in the future!:(

You came to this site looking for help
And when we didn't agree with what you said you got angry,doesn't bother me I am not the one that got scammed and you my friend WILL HAVE TO PAY the money back