Legal Question in Bankruptcy in California
Adversary Proceeding Malicious Will
I was granted my Chpt 7 discharge 2/08. However Wells Fargo has filed an adversary proceeding against me stating willful and malicious injury. My vehicle was totalled in 7/06, State Farm took 6 months to deny my claim 2/07. The loan was charged off. Now I file bankrupty, and they want their money. They are within the time frame for filing. Already checked that. They have been notified every step of the way throught the ins. claim. My question is there is no fraud car totalled & insurance denied claim. I have no money no assets. I have responded to the adversary proceeding as such. My attrny wanted another 2500.00 to assist in finishing my bankruptcy (adv proc). I can't afford him already paid 1500. What is the best way to handle this. I have all my records, I can't afford to settle with them as I have no money, no assets. My husband is permanetly disable and we have 4 kids. I am the only one employed. Any advice.
1 Answer from Attorneys
Re: Adversary Proceeding Malicious Will
Send their attorney a request for documents that evidence 1) all communications between you and them; 2) all documents that evidence your fraud and/or willful injury to them; 3) all documents that evidence your agreement(s) with them; 4) all documents that evidence your payments to them; 5) all communications between them and third parties concerning you; and 6) all documents evidencing their knowledge and/or investigation of your accident. These should be done in a formal discovery format which you could probably find online or in a law library. They have a high burden to prove fraud or malicious intent. I've seen individuals fight these kinds of claims without lawyers and be successful. Feel free to contact me directly by e-mail if you should have any questions.
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