Legal Question in Bankruptcy in Nevada

Fraudulent bankruptcy

I was in someones bankruptcy. Never notified about it.I called the court trustee. ''his words were,i''ve been doing this for 35 years and no one ever questioned him about it '' i''snt there a law about this.And how or what do i do. The way i found out about it was the defendent''s lawyer wrote me a threating letter. Help .Thank you


Asked on 12/16/05, 10:21 pm

1 Answer from Attorneys

Fraudulent bankruptcy - No Way Mr Creditor!

It isn't very clear what the problem is.

Just because you didn't get a notice of the Bankruptcy isn't proof that there is fraud. If you look at the petition the debtor filed, there will be a mailing matrix with the addresses of all creditors listed in the bankruptcy. The court mails the notices to creditors at these addresses. So if the debt is old & was mailed to an old address, the post office would have returned the notice. As a Bankruptcy attorney, I must get a hundred of these things returned every week.

Why do we use an old address? Because it is the address YOU the CREDITOR put on the credit report & YOU never updated your address with the credit bureau on these old debts. So what did you expect, someone would personnally come to your new business location to deliver the Bankruptcy notice into your hands? Sorry, it just doesn't work that way.

If you really think you have a case of fraud, lay out the money to hire an attorney to represent you. But don't throw accusations at some debtor you haven't contacted in the last 6 months who has no idea that you aren't where you said you were!

By the way, the Trustee's job is to distribe the assets collected from the Debtors. Guess how many times they have money they sent to pay creditors come back because there is no good address for you guys!

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Answered on 12/18/05, 9:48 pm


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