If a creditor launches an adversary against you for not attaching your self employment income to the income schedule; then you amend your schedule with the profit and loss attachment, rental schedules, etc.. What is the threasold that they have to prove that you misstated something, is it a lot or a simple omission may get your bankruptcy dismissed? Can they actually make you bring all your accounting and books for the previous 2 years of every enterprise you've been involved in? I am talking about a $20k judgment.
An adversarial proceeding is to determine dischargeability of a debt, not whether you scheduled your assets properly.
If you do not havean attorney, its time to get one asap. You have a certain amount its time to file a responsive pleading with the court or face a default.
If you'd like to discuss your options, feel free to contact my office.
Attorney's response is not intended as legal advice and is intended for informational purposes only. Attorney's response does not create an attorney client relationship. Inquirer should seek the advice of a duly licensed attorney within that particular jurisdiction.
The foundation of bankruptcy is the accurate and timely disclosure of your financial situation. In a lawsuit, the opposing party will be entitled to lots of information (if they specifically ask) beyond just what the forms call for. You can oppose the request for additional information by asking the judge for a protective order. My guess is that a judge would require you to provide records for all operations in the last 2 years.
Law Office of Michael J. Primus We are a debt relief agency and help people file for bankruptcy under the bankruptcy laws. We have offices in California only.
This is much more serious than you think. You might not get a discharge on ANY of your debts, and you'd then be unable to discharge those debts in any subsequent bankruptcy. You needed an attorney to help you avoid this mistake, and you need one now. It may cost you $10,000, but the alternative is much more costly.
Get an atty now!!! If you don't respond properly and timely to the adversary complaint you could face default, which means creditor could either get a judgment against you, or even prevent you from getting a discharge on all your scheduled debts.
The creditor can actually ask for any discovery that is reasonably calculated to lead to the discovery of admissible evidence.
There are two main issues with respect to your lack of disclosure - the accuracy of your schedules and your good faith in filing your schedules. The amount of income that your forgot to list on your schedules will have an impact on the Court's determiniation regarding whether this was a simple mistake that has been fixed or an indication that you lacked good faith in filing your bankruptcy case. If you "forgot" to list significant income in your schedules, the creditor may argue that this is a sign of bad faith on your part. Full disclosure is absolutely required if you are going to take advantage of the many benefits of a bankruptcy filing.
This is a serious issue and if you cannot convince the Court that you acted in good faith, you could lose your discharge and the ability to ever discharge the debts listed in your bankrupty filing. You need to ensure that you properly respond to the adversary complaint and you should consider retaining an experienced attorney to assist you.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I would move for a summary judgment based upon your amended documentation. Essentially you made their argument moot.
Likely they will counter with their real issue with you. Their adversary based upon the facts you stated is ridiculous. I think they have something else in mind. By moving for a summary judgment they will be forced to make their real case if they have one.
Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
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