Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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any help/advice is appreciated..thanks in advance

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  • any help/advice is appreciated..thanks in advance

    I am in a ch13, few months to go should be discharged in Jan 2015. My ex-boyfriend kept 7,000.00 that was to be used to purchase me a car. Sued him in civil court, started garnishing his paycheck, he quit, and he has now filed ch7. I have filed Adversary Proceeding in his ch7. I have police report, civil court paperwork where he admitted keeping the money and agreeing to pay it back. I am pro se in my ch13 and also this proceeding, any help, advice, guidance is welcomed!!!

  • #2
    Is your AP to determine the debt is not dischargeable? What is the basis for your position?

    Are you listed on his creditor's matrix so that if the trustee declares his case an asset case, you will get notice of the deadline to submit a proof of claim?

    Was your ex holding the $7k at the time you filed? If so, did you list your claim against him as an asset on your BK petition?
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      yes the AP is to not have the debt discharged, the basis is fraud, he knowingly kept the money and used it for his own purposes. Yes, I am a creditor on his matrix, we have discovery deadline of 10-6-14, dispositive motions due 10-15-14, witness and exhibit list due 10-30-14 along with pretrail briefs, and we have trial on 11-12-14. No, he no longer has the $7000 as was stated to me. Thanks for responding!


      • #4
        Originally posted by lbrown View Post
        No, he no longer has the $7000 as was stated to me.
        It sounds like he did owe the money on the date you filed BK? Did you list your claim against him as an asset on your BK petition?

        I've never been through an AP, so I can't be of much help. Be sure to review Federal Rules of Bankruptcy Procedure and your court's local rules.

        If you have specific questions, please ask.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


        • #5
          in the creditor meeting of my ch13 i did disclose that i had the civil judgement against him, the Trustee asked if i had collected anything and to let them know if i collect, well i have not because he quit his job. This process just sounds scarry to me and i would like thoughts/experiences of anyone that is more knowledgeable than me. To be more specific i would have to ask with the civil judgement, we had mediation and he acknowledged that he kept the money and gave a re-payment schedule, if that will be enough to show fraud and is this enough to win?


          • #6
            Also, what i am concerned about is being Pro-Se in the AP. My ch13 judge has been fair to me so far and i am worried that i will not be as specific as an atty in all the procedures and this process, i have alot of information on 11 USC 523(a)(2) and 11 USC 523(a)(4), i feel they are the best defense since we were in a 20year relationship and this was not the first time that he purchased a vechile for me.


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