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elation27rev · Feb 20, 2009, 02:21 PM

I have filed Chapt 7 and there is an adversary proceeding filed claiming fraud regarding a property I bought in 2001, over seven years ago. The seller is claiming equity skimming. (There wasn’t any equity skimming, and why did they wait seven years if they thought they were harmed?) They have seller’s remorse since property values went up so much from 2001 to 2008.

I have to file an answer.

1) Do I have to include what statutes apply when I deny the allegations?
2) Does the fact of the statute of limitations need to be included by statue?
3) Do I have to include what statutes apply when I state the cross claim?

George_1950 · Feb 20, 2009, 04:12 PM

Welcome to AMHD. I'm almost afraid to ask, but do you have a lawyer? Or, are you a lawyer?

Fr_Chuck · Feb 20, 2009, 04:53 PM

You may just deny the claims but in court you will have to provide all of the documents of the sale to the trustee.

If they have an attorney, you will need one, and one that is actually good at contested bankruptcy filings.

As noted a few months ago, I sat though several days of bankruptcy court, both first appearance and other hearings,

If I remember correct, about 1/2 of the people who filed without attorneys had their paper work wrong but the really sad part about 20 percent of the attorneys did not have their paper work right either.

I did interviews of attorneys about bankruptcy filing and 1 gave such poor and wrong advice it was scary, another gave wrong info out of four attorneys I think only one gave the completely correct info.

elation27rev · Feb 20, 2009, 04:57 PM

I am not an attorney and I am pro se on this part. My attorney for my Chapt 7 doesn't do litigation. I've been referred to a couple of attorneys but haven't found anyone who does litigation in bankruptcy that has time. I have the answers to the complaint that was filed in civil court that I was going to use. But since there is a cross claim (also in the civil action), I wanted to be sure that I had that covered. I didn't want to lose the cross claim on a proceedural item.

I would really rather have an attorney do this, but I am short on time (and money) and I have to get something to the court by Wednesday. I've read that you can amend an answer, but that that it is frowned upon.