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

Asked 4 months ago - 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)

  1. William Joseph Balena

    Contributor Level 12

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    Answered . 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.

  2. William J Popovich

    Contributor Level 17

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    Answered . 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... more
  3. Jonathan Stone

    Pro

    Contributor Level 13

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    Answered . 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... more
  4. Richard D. Granvold

    Pro

    Contributor Level 18

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    Answered . 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.

  5. Sandra A Kuhn Esq.

    Pro

    Contributor Level 17

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    Answered . 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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