Legal Question in Civil Rights Law in California

Bankruptcy law

I am a creditor in a bankruptcy. The debtor had 70K in a bank account in Jan 08. From June-Aug he withdrew 65K from the account and cashed in a 17K cash value insurance policy. He declared bankruptcy in Dec 08. He rang up 100K in credit cards in previous year. I think there is fraud here. Trustee does not want to do anything. Seems plain lazy. What do I do. Help.


Asked on 6/02/09, 6:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Bankruptcy law

If the amount is worth it, and there is still time, you could file an adversary complaint to have your claim deemed nondischargeable due to fraud. The judgment you would obtain would be for the amount of your claim plus attorney fees.

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Answered on 6/02/09, 6:08 pm
Terry A. Nelson Nelson & Lawless

Re: Bankruptcy law

Find a bankruptcy attorney local to the court to file a fraud based non-dischargeability claim. Check with the local Lawyers Referral Service if you can't get personal recommendations.

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Answered on 6/02/09, 7:13 pm


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