Legal Question in Bankruptcy in Massachusetts
Adversary Proceedings
I was issued a summons to submit a motion or answer the complaint of a creditor disputing a debt listed with my bankruptcy case, in an adversary proceeding. My question is "What are the most important steps to answer such a complaint"? Should I compose this response myself or even default. I have concern that the bankruptcy lawyer I retained included this listing knowing it would be challenged and found not dismissable. Now he wants more money to fight this with only potential to lose on technicalities. I would retain, if affordable, a new lawyer to help resolve this matter in the best way. The particular "debt " listed is being challenged by citing fraud and criminal activity. I have evidence to prove otherwise. Ironically, this listing (stay) created time to gather such solid evidence. A decision sought by, to favor the creditor seeks $10,000 damages awarded and legal fees from the bankruptcy court. The process they started was before my evidence was presented and literally crossed in the mail. They have deep pockets and are determined to shoot themselves and me. I believe I have been harassed and even extorted while delaying the final discharge of my bankruptcy. Which is most important to me. Time for me to respond is short.
2 Answers from Attorneys
Re: Adversary Proceedings
You need to have a frank discussion with your attorney. If you are not comfortable having that discussion, you probably need to hire an attorney that you can have that discussion with. Be wary of any "advice" you get from an attorney who has not reviewed the file, and gotten a complete picture of the facts and circumstances.
You could face some significant liability, in Bankruptcy Court, and potentially in criminal court. You need the assistance of an attorney to keep you out of trouble. Work with your attonrey, or hire a new attorney to help you. Do not try to do this on your own. That is the ony one piece of advice that I will give you, I repeat, do not try to do this without an attorney.
Re: Adversary Proceedings
If you are not comfortable with your attorney, you seek new counsel. I find it tough to believe an attorney would schedule a debt for the sole purpose of causing an adversary action to ensue. You make a very serious charge. If you are certain of the allegation, it is incumbent for you to bring it to the attention of the Court and the Trustee. Remember, you signed the petition under oath that it is true and correct. At such time request an extention of time for you to file any papers until you have new counsel.
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