Claim was for $38,000. There is additional $11665 , I was told not to put in claim, as it involves fraud, misrepresentation, dishonesty. I can not bring CH to small claims as her bankruptcy protects her . Local police will not take a theft report . Both DA and Sheriff asked " Did I file a report of Theft". Local police will not take one . I asked my trusted lawyer LM, as to why, and the answer was " I don't know" . Why is this??
I'm sorry but "who" told you not to put the claim in for ALL of the money?
Please contact a bankruptcy lawyer in your area and move forward with this the right way. If your debtor was guilty of committing fraud, etc., then you will have to file an objection to discharge of your debt, which is an adversary proceeding (a lawsuit inside the bankruptcy case). You only have 60 days from the first date set from the creditors' meeting.
Please this is not a DIY project. If you don't know what you're doing, get some help in doing it right. Click on "Find a Lawyer" above and locate a bankruptcy attorney in your area to file the proper proceedings to get the debt excepted from discharge.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Mr. Elie is correct. One more point. If the debtor will have the ability to pay you, assets to execute upon or income to garnish once the bankruptcy is over, it is critical that you move quickly. Your attorney should be able to get a nondischargeable judgment for you that includes his/her attorney's fees.
I agree with Mr. Elie. Please consider the possibility that you may not be understanding what you are being told, or at worst, need another legal opinion. If there is a crime, the bankruptcy code does not preclude you from bringing a private criminal complaint, HOWEVER, clear this first with an experienced bankruptcy attorney. Do NOT do this on you own or you may get a contempt motion. You cannot disguise a civil claim as a criminal one. That is why this needs to be thoroughly reviewed first.
Contact a bankruptcy attorney immediately. As my colleagues noted, this is not a do it yourself project, especially with a sizable amount of money at stake. I always tell people that going up against another lawyer on your own is like going into a boxing ring with Mike Tyson ... with no boxing gloves. It is not wise.
