URGENT 3L needs Creditors rights and forms required to object and ask for adversary hearing in Chapter 7 Bankruptcy ASAP

Asked about 1 year ago - Fremont, CA

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I won max judgment in Fremont, California. The case was based on FRAUD, forging documents, deception, and misrepresentation that I can easily prove. I am a 3L on medical leave for Ischemia super broke and can’t afford an attorney so PLEASE can someone tell me: WHERE TO FIND LIST OF CREDITORS RIGHTS IN CHAPTER 7 BANKRUPTCY FILED IN OAKLAND CA and MOST IMPORTANTLY Please tell me WHAT FORM NAME/NUMBER IS USED FOR EACH ITEM BELOW AND WHERE CAN I GET THE FORMS: form to object motion to compel trustee to abandon property, object to eligibility of debtor, raise Abuse of Use of Title 7, form to file for an adversary hearing, form to get Rule 2004 schedule, object to entry of order by default and to shorten time for notice of default motion and opportunity to request hearing to 10 days.

Attorney answers (4)

  1. Contributor Level 9

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    Answered May 20, 2012 22:52. Contact me and I'll see what I can do for you.

  2. Contributor Level 17

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    Answered May 21, 2012 01:11. A word of caution: bar applications in Massachusetts require disclosure of all litigation in which the applicant has ever been involved. Having been a plaintiff can be a negative indicator for admission. In addition, I infer from your laundry list of forms that you are unfamiliar with bankruptcy litigation and also with the famous dictum that a lawyer who represents himself has a fool for a client. For starters, a motion to compel abandonment preserves property for the benefit of the DEBTOR. Your debtor is undoubtedly ELIGIBLE to be in chapter 7 if you read Code section 109(a) -- what you probably are aiming at is denying him a discharge. A rule 2004 "schedule" is an oxymoron -- a creditor might seek leave to conduct an examination of a debtor under Rule 2004. Etc.

    Also, have you thought about how Code section 522(c) impacts your ability to actually collect something from your debtor?

    If you have a meritorious claim, you may be able to find a bankruptcy litigator who will handle your case on a contingency basis or a legal services organization who will handle it for free. But keep you mouth shut about court procedure because you know nothing about the subject.

  3. Pro

    Contributor Level 15

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    Answered May 21, 2012 00:38. Lots of cool forms here as well: http://www.cacb.uscourts.gov/

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  4. Pro

    Contributor Level 14

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    Answered May 21, 2012 08:05. As for your rights, the letter you get in the mail for the 341 Creditors' Meeting. It lists a lot of your rights as a creditor.

    As the other attorney said, this can hamper your ability to being admitted to the bar (at least in Arizona).

    Best of luck.

    Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is... more

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