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Debtor performing BK Fraud and Abuse to avoid Creditors questions

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    Debtor performing BK Fraud and Abuse to avoid Creditors questions

    Long Sotry-Big Mess...
    Im currently a Creditor from a Debtor who was a former Landlord who intentionally STOLE my security deposit. I have a judgement in Small Claims Court, but she has been fraudulently abusing the BK system to avoid Creditors and lie, steal and cheat her way through life! I had filed a few motions with the BK Court for Dismissal with Prejudice and Bar her from filing for 180 days, and Prosecution for Perjury for one year. I have a hearing coming up and a really good case built up that probably would have all my motions granted. After my small claims settlement she converted into Chapter 7! Now my question is, if I can PROVE that she has intentionally abused the BK system and lied under oath on her Schdules (roughly 7 times...!!) can I go to my hearing and have her conversion of Chapter 7 Vacated and Remanded and Dismissed with Prejudice?? Are my Chapter 13 claims still relevant in her Ch 7 case or do I ahve to wait till she screws up on her Ch 7 Petition??

    #2
    I had something similar happen with my former landlord who lived out of state, lost his job, stopped paying on the house I was renting, filed BK, house foreclosed, etc. I did not pursue him legally (probably should have as per this forum he was not supposed to collect rent from me after he filed BK) so I am interested in what happens with your case. I have no answer for you....but hope you'll update as your case progresses.
    Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
    New Job 7-2011

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