In a C7 bankruptcy how do I, a non-lawyer creditor, bring forth proof that the debtor is committing fraud in their case?

Asked 8 months ago - Tampa, FL

Specifically in the areas of misrepresenting creditor information, misrepresenting amount owed to creditor, misrepresenting assets, and removing funds prior to filing.

Attorney answers (6)

  1. James W. Zerillo

    Pro

    Contributor Level 15

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    Answered . You could appear at the creditors meeting unrepresented and examine the debtor.Most Chapter 7 trustees do not allow very extensive questioning at the meetings because of multiple cases on their list.You could contact the US Trustees office for your district and advise of your concerns although that may or may not lead anywhere.There are discovery procedures such as depositions and interrogatories under the Bankruptcy Rules but they require that motions be filed with the Court.In order to gain such evidence it is better to consult and retain a bankruptcy lawyer who has represented creditors.They would be equipped to advise you on how to proceed,the cost involved and what to do with the information concerning misrepresentations if you uncover it.

    This answer does not create an attorney/client relationship and is for informational purposes only.For further... more
  2. Craig Ivan Kelley

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    Contributor Level 7

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    Answered . I agree with Attorney Zerillo's assessment. The best way to proceed in this matter is yo consult with an attorney who had experience representing creditors. Bankruptcy procedures can be complicated for a pro se creditor not familiar with the rules of procedure.

  3. William Joseph Kopp Jr.

    Contributor Level 12

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    Answered . You can find the Trustee's Contact info by googling them and finding the trustee's panel website. If you are trying to become non-dischargable, it might be good to get a lawyer.

  4. Gary D. Bollinger

    Contributor Level 19

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    Answered . The bankruptcy Trustee will be most interested in hidden assets.
    The amount owed to Creditors is usually an estimate, and rarely makes any difference

  5. Richard D. Granvold

    Pro

    Contributor Level 18

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    Answered . Attorney Zorillo carefully points out your options in addition to reporting to the trustee. The trustee ONLY receives $60 in a normal case and thus the US Trustee is the best place to go I believe and set forth your "evidence" that you will bring. If they believe there is merit to it, they can ask questions themselves or ask the trustee to ask. Everyday interest accrues on debt and thus you can state that no case filed in our history is accurate! It is a best estimate. If you believe that there are assets missing, you should itemize each and every one and why you believe they owned in before and what it was worth and how you knew. Then look at the statement of financial affairs where all transfers of most assets should be listed that occurred in the last 2 years. Debtors have committed perjury in the past..whether the one in your case did the US Trustee can determine. If you are rich, you can employ your own attorney to go through all that..but it is far cheaper to have the US Ttustee look into it and see what answers are provided. You can ask at that 341 meeting also if you are a creditor! Good luck.

  6. Blake Owen Brewer

    Contributor Level 18

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    Answered . You would provide this information to the debtors chapter 13 trustee. They will know what to do with the information.

    I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice.... more

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