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davidffei · May 26, 2012, 01:33 PM

Hi:

I had borrowed money and the creditor obtained a default judgment when I stopped making payments. About a year late I filed a Chapter 7 Bankruptcy filing. The creditor then filed an adversary proceeding claiming that I had committed fraud in that I never intended to repay the loan. Besides the fact that this claim is totally without merit (I made payments for quite a while AND this was a personal loan with no disclosure of income, asset or anything of that nature so there was NO fraud in borrowing the money), can they now bring up an issue of fraud? In the original complaint which resulted in the default judgment (I never responded to the complaint because I didn't have any dispute to owing the money), they never mentioned any claim of fraud. The complaint simply stated non-payment default. Thus, aren't they barred from now suddenly bringing up a fraud claim? If so, I do I go about getting it dismissed pro se? Thanks for your help.

AK lawyer · May 28, 2012, 04:53 PM

Originally Posted by davidffei

... In the original complaint which resulted in the default judgment ... they never mentioned any claim of fraud. The complaint simply stated non-payment defaul t. Thus, aren't they barred from now suddenly bringing up a fraud claim? ...

No. Fraud was not pertinent to the state court case. It is now, because if they can prove fraud the debt will probably not be discharged.

Fr_Chuck · May 28, 2012, 05:12 PM

This is not fraud as in a criminal case, fraud is a term they use to try and not allow the debt to be discharged. If they can prove that you never had the income to ever pay this loan, and that it would not have been possible and if all facts where known at the time.

So they may look at your income at the time of the loan, and resourses you had to pay it back.
You will prove that you paid the loan for a year or so and was trying but things changed.

This is normally used for loans taken out right before bankruptcy or loans that were never paid on, or only paid on a few months before bankruptcy.

Also many times this is done ( esp if you don't have an attorney) since you will not know how to properly answer it in court and they have a chance to win.

Also some companies just do this on almost any bankruptcy ( courts get tired of them) but if they ask enough times, they will win some.

tnl1985 · Jul 17, 2012, 05:49 AM

Hello... I know this is odd but actually my only hope. I have tried low income lawyers, nolo press, free legal documents, westlaw, free online advice, and everything is to help the debtor. I got a judgment because a auto shop stole my engine and transmission, fraudulently put silicon as a rig on a tranny thye got at a dump proven with my receipt of brand new transmission and blatatntly guttted my car of radio amp speakers, etc and forged all the documents and unauthorized charges as my car drove in the shop and was towed and gutted out of it. I see someone filed an adversary hearing with you and I desparately need one and have about a week to file and no one will help, I'm sick on medical leave so college made me leave as a liability lost all my money, my home, and been homesless for a month now, and desparately need the money for shelter as I am getting sick outside and not well at all, I have no family alove for support, no car, nothing but me, and my dog I had to give away. Please help me if you can by sharing what was filed against you with all the info you don't want me to see whited out if you want so I can try to file for a hearing.

AK lawyer · Jul 17, 2012, 10:17 AM

Originally Posted by tnl1985

Hello... I know this is odd but actually my only hope. I have tried low income lawyers, nolo press, free legal documents, westlaw, free online advice, and everything is to help the debtor. i got a judgment because a auto shop stole my engine and transmission, fraudulently put silicon as a rig on a tranny thye got at a dump proven with my receipt of brand new transmission and blatatntly guttted my car of radio amp speakers, etc and forged all the documents and unauthorized charges as my car drove in the shop and was towed and gutted out of it. I see someone filed an adversary hearing with you and i desparately need one and have about a week to file and no one will help, im sick on medical leave so college made me leave as a liability lost all my money, my home, and been homesless for a month now, and desparately need the money for shelter as I am getting sick outside and not well at all, i have no family alove for support, no car, nothing but me, and my dog i had to give away. please help me if you can by sharing what was filed against you with all the info u dont want me to see whited out if u want so I can try to file for a hearing.

Seems like I already answered this question this morning, but I don't see my answer now.

As I thought I indicated before, filing an adversary case to get the debt declared non-dischargeable will not help you in the short term. The automatic stay will still prevent you from collecting until the bankruptcy case is closed.

For forms, I suggest you go to the website for the bankruptcy court in your federal district (there is at least one district in each states, sometimes several).

tnl1985 · Jul 17, 2012, 10:46 AM

I checked everywhere and there are only cover pages, not the Rule 7001 fraud complaint that I need, Thanks anyway. And yes I hit send twice. I know that I will be able to continue on in small claims where we left off, filed a writ of execution last but she got protected by the stay and I can continue the process when the stay ends on 7/30/12 and it wouldn't be that much longer after that because she left unprotected property saying it didn't have value under oath but didn't have to prove it without a complaint, and its worth 100 times more than she said... a whole body shop with tons of customers valued at $1,500 including income and profits and a trustee saw that and didn't care, and had her alias listed as a creditor and trustee didn't care. . Also, she is running her shop during the stay against the terms and oath to the trustee who was informed and did nothing.
Where's justice?

JudyKayTee · Jul 17, 2012, 10:51 AM

Originally Posted by AK lawyer

Seems like I already answered this question this morning, but I don't see my answer now.

As I thought I indicated before, filing an adversary case to get the debt declared non-dischargeable will not help you in the short term. The automatic stay will still prevent you from collecting until the bankruptcy case is closed.

For forms, i suggest you go to the website for the bankruptcy court in your federal district (there is at least one district in each states, sometimes several).

My response is missing, too. I'm not going to bother repeating it.

Here's the rest of the info (or something): https://www.askmehelpdesk.com/other-...ve-683853.html

I find it amusing that the OP is complaining about debtors who don't pay while researching how to get from under his student loan and whether to file in bankruptcy.

tnl1985 · Jul 18, 2012, 07:51 PM

Is this in response to me?

I find it amusing that the OP is complaining about debtors who don't pay while researching how to get from under his student loan and whether to file in bankruptcy.[/QUOTE]