Legal Question in Bankruptcy in Michigan

the creditors meeting

we are in our 70s. this person scamed us out of thousands. We had to sell everything we had to keep afloat.A suit was on going and now he is filing bankruptcy.

We would like to know if we can speak our concerns to the magistrate before this is discharged or at the meeting of creditors. this person also has done some tax fraud (forms are being sent) Is there anything we can do besides just sit back and allow this person to go unscaved, run a competatory buisness down the street and eventually do this again to another elderly or unwearing person


Asked on 6/05/06, 6:59 am

1 Answer from Attorneys
Charles Lawler Clark Hill PLC

Re: the creditors meeting

There are exceptions to discharge in bankruptcy court. 11 USC Section 523 (a)(2) allows a debt incurred through false pretenses, a false representation, or actual fraud to be determined non-dischargeable in bankruptcy. 11 USC 523 (a)(4) allows for non discharge for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larcency.

Go to the creditors meeting (or have an attorney go on your behalf) and see if you can elicit testimony to prove this debtor acted unlawfully.

Additionally, go because people like this need to squirm.

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Answered on 6/05/06, 8:34 am


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