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Bankruptcy laws and rights for the lenders to dispute, again i can not afford a lawyer for this.

Somerset, NJ |

i have a judgment, court order and lein on my advocates home, they recently filed for bankruptcy chapter 7 or chapter 9 mabey? am i entitled to a discovery of some type to verify their income or to see who else is being included with this requested relief? they do have an attorney who wont return my calls. it is set for a hearing in trenton nj, but the trustee is near my home in somerset. I am aware that this woman does make "a lot of money" and believe this is just a tactic to get out of the lien and/or paying me money she owes for medical reimbursement of our shared child. how can i obtain a "discovery "or proof of financial hardship? this woman just bought a rand new motorcycle, has money to dine out, get her nails done and has a job.

Attorney Answers 5

Posted

Bankruptcy law is not something I would wish on my worst enemy if he does not want to hire a lawyer. That said, if I read your question right, you could file a motion for a 2004a examination.

If you think this person is somehow defrauding the court (and her creditors) you could also report what you know to the case trustee or the United States Trustee for your district. If you are just being vindictive, or don't have your facts straight trust the system. It is pretty good at ferreting out the liars and cheats.

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Shaye Larkin

Shaye Larkin

Posted

Great response by my colleague!

Asker

Posted

I tried too, also explaining I did not show up to the hearing as I have a FF.R.O. in place for my protection and am permanently disabled limiting my ability to get around.However they were extremely unhelpful to me and told me I had to hire a lawyer. I was also told (which I know is false, but told that she has no assets) Her attorney's office was even less helpful and extremely rude(the law office of Mark Goldman esq)....I just received a letter from the Honorable Judge Ferguson (court letter) saying " It appearing that the debtor is entitled to a Discharge under section 727 of title 11". On the back it says "This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors". There was never a dollar amount written that they were filing relief for.... can I file for a reconsideration an or hearing with the federal court?

Posted

You don't seem to understand that if you don't want to pay an attorney then you need to go spend 3 years of law school after 4 years of college so you know what to do exactly. this is a general forum not specific one for questions. Go copy the schedules at the court. To exercise your rights on lien you need to speak to an attorney which you can't afford so give up or wait and see what happens on your lien!! Good luck.

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Posted

if i wasnt a quadriplegic i would hire an attorney if i didnt file motions pro-se i wouldnt have been granted a judgment for 8k, if i didnt file a lein pro se, id have lost$1,500 for an lawyer to file a lein which cost me $50.00 to do it myself. if i didnt represent myself pro-se i would have had paid a lawyer thousands of dollars to "plea bargain" with a prosicutor rather then represent myself on 15 different offences charged fictitiously by a psycho-x rather then having trials and dismissals. If you dont want to give legal advice on AVVO, THEN DON'T BE REGISTERED TO IT! Perhaps you should have paid better attention in law school or you should find a different career. If I had to guess, you would be considered an "ambulance chaser" seeking free advertisement on this site. But then again, you help people screw lenders out of money in your expertise . Perhaps you should advise your clients to not spend money they cant pay back! it makes it more difficult for all the honest people who really needed the relief of the government. If you were my lawyer Id fire you. Good Luck! and thanks for the advice!

Posted

People that have jobs and go out to eat can file for bankruptcy. You may have grounds to object to a bankruptcy discharge under limited circumstances, but you should have a meeting with an experienced bankruptcy attorney in your area to discuss the same. The Debtors do have to submit certain documentation to the Trustee, but unless there is a 2004 exam or an adversary proceeding you cannot compel the Debtor to provide documents to you. You can review the petition at the Court and appear at the section 341 meeting to ask questions, but you will likely be shut down by the Trustee if you are asking questions believed to be frivolous or harassing. All the reason to get counsel.

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Shaye Larkin

Shaye Larkin

Posted

Great response by my colleague!

Asker

Posted

I tried too, also explaining I did not show up to the hearing as I have a FF.R.O. in place for my protection and am permanently disabled limiting my ability to get around.However they were extremely unhelpful to me and told me I had to hire a lawyer. I was also told (which I know is false, but told that she has no assets) Her attorney's office was even less helpful and extremely rude(the law office of Mark Goldman esq)....I just received a letter from the Honorable Judge Ferguson (court letter) saying " It appearing that the debtor is entitled to a Discharge under section 727 of title 11". On the back it says "This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors". There was never a dollar amount written that they were filing relief for.... can I file for a reconsideration an or hearing with the federal court?

Posted

Remember, Donald Trump went bankrupt, his creditors lost money, and he had more than a new motorcycle and a few meals out. Bankruptcy is a tactic - one the law allows. You can't do everything a lawyer can do, get one. And his attorney will respond to requests in writing, and probably to calls from your attorney. But when dealing with a non-lawyer I expect he'll want some record of your dealings since you are not held to the same code of ethics as a lawyer would be if you dispute what was said on the phone or don't understand the lawyer's explanation - or will likely waste a lot of his time with non-legal complaining about the bankruptcy instead of dealing with it like a professional.
It is CERTAINLY a tactic in part to get out of what he owes you! This is what a bankruptcy is FOR!

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

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Shaye Larkin

Shaye Larkin

Posted

Great response by my colleague!

Asker

Posted

Donald Trump did not file personal bankrupts, it was one of his businesses. It was also not discharged. This is a much different situation.

William J Popovich

William J Popovich

Posted

You know that irrelevant non-legal argument type I told you the other guy's lawyer would be avoiding? And that you needed a lawyer? Don't split hairs with me, deal with your situation.

Posted

You stated that the Trustee is near your home in Somerset. That trustee is likely Karen Bezner. See if her staff will talk to you. Or you can go to the meeting of creditors. Show up early so when there is a break, you can ask. Bring $7.00 with you for parking.

Did you first try to levy personal assets prior to levying real property? If not, your lien is defective and not enforceable.

You really need to hire an attorney.

Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.

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Posted

I tried too, also explaining I did not show up to the hearing as I have a FF.R.O. in place for my protection and am permanently disabled limiting my ability to get around.However they were extremely unhelpful to me and told me I had to hire a lawyer. I was also told (which I know is false, but told that she has no assets) Her attorney's office was even less helpful and extremely rude(the law office of Mark Goldman esq)....I just received a letter from the Honorable Judge Ferguson (court letter) saying " It appearing that the debtor is entitled to a Discharge under section 727 of title 11". On the back it says "This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors". There was never a dollar amount written that they were filing relief for.... can I file for a reconsideration an or hearing with the federal court?

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