BK 7 Dismissed due to creditor on a vendetta

[SecretOC]

Hmmmmmm, those post-filing events shouldn`t be an issue. I wish your mother good luck on the appeal.

Thank you. Oh also i have been reading about receiving inheritances lately and it says that the time of death of that person is when you receive an inheritance. If the look back period is 180 days (http://www.bkforum.com/showthread.ph...ay-inheritance) then why would my mother be in deep crap for not reporting it? her attorney advised her to not report the inheritance because it occurred so long ago. Even if the other party is alleging fraud the look back period for fraud is 4 years. This inheritance still is nowhere near that scope of 4 years. On top of that she never received the money nor was entitled...

[LadyInTheRed]

Hmmmmmm, those post-filing events shouldn`t be an issue. I wish your mother good luck on the appeal.

[SecretOC]

Your mom needs to talk to her attorney to understand what is going on. Was her entire discharge denied, or only a discharge of the one creditor's debt?

As far as your mother using your checking account is concerned, if on the date of filing she had her money in your account and didn't report it as an asset, then that's a problem.

The creditors requested that not only their debts be denied but all creditors debts be denied as well. At the time of her filing she did not use my account nor was her money in it, she started using it about 3 months after filing due her account still being frozen.

Thank you for answering

[LadyInTheRed]

You can read that code section at https://www.law.cornell.edu/uscode/text/11/727

Sounds like the court thinks your mother lied about something during the BK proceeding. If she had money in your account on the date she filed and did not disclose that on her petition, that could be the problem. Suddenly having her employer pay her by debit card seems suspicious too. I'm not saying that she intentionally hid anything, but these things don't look good to a judge.

Your mother needs to sit down with her attorney to make sure she understands exactly what is going on.

[SecretOC]

Hold on a minute. Her case was dismissed or was she DENIED a discharge? Big difference. If denied a discharge an appeal makes sense. If dismissed, maybe not.

Des.

Sorry i can't tell because her attorney said her case was dismissed due to the creditor being successful in the AP on grounds of 727(a)(4)(A). Ok as i read it again they requested her to be denied.

[despritfreya]

her case is dismissed. Our attorney is now filing for an appeal

Hold on a minute. Her case was dismissed or was she DENIED a discharge? Big difference. If denied a discharge an appeal makes sense. If dismissed, maybe not.

Des.

[SecretOC]

Hello, so i posted on the Adversary proceedings sub-forum. Well looks like the creditor got the summary judgement and also requested that my mothers case be dismissed. They claimed that she was hiding many things but could never prove it but they did bring out every mistake in the petitions (which were about 3 small ones...). Due to that her case is dismissed.

One problem was that my mother did not list herself using my bank account to pay the bills since the creditor froze her bank accounts. She started using my account 3 weeks after she filed. In her petition she said that she gets paid in checks from her work. But about 3 months into the BK her job gave her a debit card instead of check and she never updated her petition for that. I dont understand about the debit card though? All that changed was that the job is giving her a debit card instead.

Is using my bank account and the debit card a big problem? The trustee ruled no distribution and then withdrew his claim 2 weeks after the summary judgement was handed out to the creditor because they feel that there is a potential asset. Could the trustee be confused by the creditors lie's claiming that my mother is hiding an asset?

Our attorney is now filing for an appeal