Legal Question in Bankruptcy in California

I filed for Chapter 7 and the creditors meeting was held on July 27, 2009. Today I received a package from the Trustee: Notice of Motion and Motion to Extend Time for Filing of Motion to Dismiss Case and for Filing a Complaint Objecting to Discharge Pursuant to 11 U.S.C. 727; Declaration of Frank Cadigan In Support Thereof. The trustee brought the motion to extend up to November 30, 2009. The hearing of this Motion to Extend Time is on October 28, 2009. Mr. Cadigan declared that on or about August 18, 2009, his office received a complaint with information about the withholding of assets and fraud that is being committed by me. I know who wrote this letter to the trustee's office, and this man has a personal vendetta against me. Mr. Cadigan wrote in his declaration, "The letter of complaint specifically alleges that the Debtor had lied under oath and is hiding money from the court. It will be necessary to examine the Debtor pursuant to Rule 2004 of the Rules of Bankruptcy Procedure regarding the allegations made against her. It will be necessary to ascertain whether the Debtor is, in fact, hiding assets of the estate.

I am willing to provide whatever is requested of me by the trustee to prove my innocense in this matter. However, I am wondering if I will be given a fair chance to do that or if the trustee would just go ahead with his motion to dismiss and file a complaint against me for fraud based solely on the complaint he received from the creditor who has a personal vendetta against me. What should i do? I dont even have the money to hire another lawyer to defend me on this (hence, the filing of bankruptcy!) Please help me..


Asked on 9/28/09, 1:52 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It's impossible to read the trustee's mind. He will investigate whether the issues raised by the creditor are credible. The motion, itself, doesn't seem that it will delay the bankruptcy too long, as the discharge probably would have occurred in mid-October, anyway. However, if the trustee or a creditor files a complaint objecting to discharge, that will seriously delay the discharge.

In any case, make sure to take the financial management course, and get that out of the way while you're waiting.

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Answered on 9/28/09, 4:23 pm


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