There have been emails discovered in my case (I am a creditor) between debtor and another creditor that they may be working together to dilute other creditors claims (mine also the only other claim in the case). What are the punishments for this? Will this get the bankruptcy kicked out? Basically someone filed a false claim so the debtor could pay a large portion through chapter 13 to that "creditor" and just reclaim his money through that person. One email the "creditor" tells the debtor that they just received the claims paperwork (must have been mailed to them) they are confused with the paperwork and need some help filling it out and they specifically ask the debtor what amount they need to put on the form for the amount of the claim. The debtor responds with an amount. Thoughts???? I already know this is a false claim but is this enought to warrant the bankruptcy being kicked? Is it enough evidence? Seems cut and dry to me.
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Debtor and Creditor Conspiracy
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You would need to file an objection, I believe it's called Adversarial something or other and demand that the other "creditor" show evidence of the supposed amount of the claim. Then it's up to the trustee and judge to decide whether or not to accept their documentation of the debt (but I'd sure show them the e-mail evidence you have, assuming you didn't come by it illegally, hacking an account or something as I suspect you did) in which case you better just file an AP and hope that the lack of documentation to prove the claim gets it rejected and forget showing them the e-mails or the debtor may go after you for your own illegal activities... assuming that's how you got access to their e-mails that is.Filed CH 13 September 17, 2007
Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!
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If you have legal and valid evidence of fraud taking place in a filed bankruptcy, contact the Clerk of the Bankruptcy court where the matter is filed for instructions or speak with your own personal or business-related attorney._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"
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