Legal Question in Bankruptcy in California

Fraud and Bankruptcy Chapt. 7

How do I prove fraud on the part of debtor filling chapter 7 Bankruptcy. Can I submit a letter in my own word as to the fraud, do I have to prove it in a court of law? If I submit a letter claming fraud to Bankruptcy Judge what legal language would I have to use to make my claim valid.

Can this only be done through an attorney?


Asked on 6/09/00, 4:20 pm

1 Answer from Attorneys
George Cohn CollectionLawyers.com

Re: Fraud and Bankruptcy Chapt. 7

You are required in a Chapter 7 to file an adversary action against the debtor.

A letter will have no legal effect.

I highly recommend that you have an attorney handle the adversary, as it requires specific proof to the satisfaction of the Bankruptcy judge.

In addition, you would only have a limited period of time after the filing of the bankruptcy to file an adversary action. If it is not timely filed, you would lose any chance to deem the debt nondischargeable.

We have been handling adversary actions against debtors for many large corporations and banks for over 15 years.

Our website address is:

www.CollectionLawyers.com/Creditor-bankruptcy-attorneys-and-lawyers.htm

We and our network of attorneys generally handle adversary actions on an hourly basis. Therefore, unless the dollar amount involved is sizable, it may not be cost effective to pursue the adversary claim.

Please feel free to call us at 800 653-5720 for a FREE initial consulation.

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Answered on 7/30/00, 4:10 pm


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