Help!!!! Need Some Advice

[Help!]

Jchx3, when you check PACER and click on the link to "related cases", does the Citi complaint show up as a separate case? If not, is the status of your BK case "awaiting closing" or "awaiting discharge"? Lastly, under "Summary", are there any flags?

Sounds to me like your lawyer is "too busy" because he only wants to handle the easy part of your case, and probably the only part that is actually covered by the fees you paid them. Seems to be a trend... they like to collect your money, do the paperwork, then say "Gee, sorry it didn't work out for you" when things get complicated. Grrrrrrr.

[Help!]

To answer your question. I was a mortgage broker in 06 and my income was 10k+ per month. So on the loan application we included that. When we filed the BK my income declined and he listed my income as 5300. Citi is claim that we committed fraud on the loan application.

Thanks

That's not fraud. Citi is grasping at straws, accusing you of using income you didn't have to qualify for a loan. That's an easy one to defend... produce the pay stub or income tax statement for 2006 and they've got nothing on you. If the income on the application doesn't match your documentation, though, I wouldn't open myself up to scrutiny.

[Jchx3]

Ok here it is I just recieved the infomation from my wife. Apprently Citi file an objection to be dishcarged in April but our Bk was discharged in June and Citi is listed on the list of Debtors. My BK attorney told me that even if they were in the BK that this issue would be still open and heard by the court. You guys are right it appears that I have a lazy attorney.

[AngelinaCat]

Yes, my understanding is that everything else can be discharged, but there will be a seperate hearing on this and actually is another case. We have a similar situation.

[Jchx3]

So in your situation what did you do? Did you hire an attorney to fight it?

[AngelinaCat]

We are having to go pro se. We have zero money to hire another attorney. We are discharging our worthless attorney. The hearing for that is August 6. The hearing for the AP is August 19.

Here is a link to my original post and thread about this:

http://www.bkforum.com/showthread.php?t=23487

[FreshLikeADaisy]

Just FYI, for those who are wondering how you can have a discharge even though a creditor is claiming fraud:

When there is an adversarial action during a bk (such as a creditor objection) it doesn't hold up the discharge of all the other debts. The discharge order itself is assumed to cover all dischargeable debts, and does not cover any debt successfully upheld by the creditor in court, so there's no reason for the court to delay it while the adversarial action is still in process. Just because you listed a creditor in your matrix and schedules doesn't mean it is automatically discharged. In fact, if you look at the reverse of a Ch7 bk discharge order (http://www.uscourts.gov/rules/BK_For...B_018_1207.pdf) it lists the various forms of debt that are NOT included in the discharge, including "debts that the bankruptcy court specifically decided or will decide in this bankruptcy case are not discharged."

Basically, because the creditor objected to this one debt, it is not included in the discharge until the judge rules that it is dischargeable. The discharge will be granted at the normal time, assuming there are no other problems. However, the case itself will remain open until the adversarial action is resolved.

Hope this helps...