Wassup with AP when no C7 claim?

[AngelinaCatHub]

[PoorGrammyinBK7]

Hub, did you guys include him in the BK?

[AngelinaCat]

Yes, most certainly we did.

When we went to the first consultation with our BK attorney, after ther preliminaries and all about why we were filing, the attorney said, as an afterthought:

"You know, once you file, all lawsuits will be stopped."

"What was that you said????"

"All lawsuits will be stopped."

"Are you serious?"

"Yes, I am very serious."

'Hub and I looked at her, then looked at each other, and both of us broke down crying. In fact we bawled buckets. This crap has been going in one form or another since 2001.

The attorney looked at us while we were crying and trying to collect ourselves, and said: "I thought that is what you came to me for?"

We replied: "No, we came to you because we cannot pay all of our bills!!!!"

[PoorGrammyinBK7]

I don't see how he can file a new lawsuit after the other one was discharged through BK. Is it for something totally different or the same thing?

So you have an AP by him?

Did you put him, personally in the BK, as well as the lawsuit?

You know I feel so bad for you guys. We had a totally unfair lawsuit that went to judgment -we thought we could win, but fighting takes money and we just didn't have any more. Totally ridiculous amount of money (not as ridiculous as your AP guy wants though) but it was why we had to file - either that or be totally depressed and unmotivated for the rest of our lives.

Wish I could help you, but maybe someone else can answer.

[BKParalegal]

I am not sure of the timelines, but I have to assume he is filing an adversary under 11 USC 523, which classifies non-dischargeable debts based on fraud. This guy must really be upset about something you may or may not have done. Is he using a lawyer?

Good Luck

[HHM]

I don't know, with all you say about this guy, I am beginning to believe you really screwed this guy over somehow You can say all you want about how this guy is "out to get you", but to be continually filing suits against you, I believe we have only got half of the story.

In any event, all you can do is cross reference the dates in the complaint, if the dates of the facts he alleges precedes the BK, then simply file the BK discharge with the court.

[BKParalegal]

I agree with HHM, this guy has it in for you guys big time. The worst cases we handle always involve ex-wifes or ex-business partners. You may want to think about converting your bk to a Chapter 13, then you can include this guy again, but this time he can't object due to fraud, which it sounds like is what he wants to prove against you guys.

Good Luck

[BKdinOhio]

I've gone back to see if either of you had given the backstory on this guy, but haven't found anything.


Sooooooo, that begs the question. What happened that caused this guy to come after you? Previous posts indicate he sat on his first suit for about 5 years(?) until you BK'd.

**** Please don't feel pressured into explaining it at all, just trying to get an understanding why this guy is coming after you. I can understand why you wouldn't want to explain it, *******

[AngelinaCatHub]

The Whole Story Abreviated

The whole story in a nutshell.

This guy came into a forum about eight years ago. He is an eccentric millionaire who would rather hitchhike than get a cab. Much like Howard Hughs in his last days.

He outed a lesbian couple on the forum by name. This was our local newspaper’s forum. I sounded him down about it. I have never met the man and only been as close to him in depositions, many of them. So a rivalry started and as a snowball, it just became out of control. The whole county knows of this feud It is not over money but male ego and pride, however like two school kids neither will stop. I have, but he won't. And he is a closet queen with much ill repute in our County. Nobody really likes him except his “Personal” (take it any way you like) lawyer he put through law school and an ex police sergeant. The newspaper finally closed their forum as to him butchering everyone who attempted to post. If I gave you the name of the forum, you would all know who we are and I’d rather stay unknown for the same reason that when I posted I posted with my real name. I brought up my own forum as a family forum, no F words, etc. He butchered that and it was a full eight hour job keeping it clean. I finally closed it and his Sergeant friend on the police force who is also a software and hardware trainer as I am opened a third. He gleaned our pictures off the Internet, I complained to the Police Chief and the Chief didn’t believe it so suit number one sponsored by lets call him Russell, and the sergeant we will call a fictitious Alex. Sued me for “Slander per se” about 35 thousand dollars later, it was dismissed for 10 bucks, as he was caught making up evidence in a now criminal investigation as they believed I cracked into their computers, got the FDLE in on it and the FBI. That cost a bunch more but no trial as no evidence and the Sergeant Detective Alex was investigated for inventing evidence, lying about his credentials, and perjury. Suit two was the one that was stuck in limbo and suit three we cross sued. Anyway it went off the forum and onto billboards in our community, they pulled crap like subpoenaed the Mrs. computer at work while we were on vacation, they company didn’t like that for any reason and fired her. She got a better job later. They attempted to serve me subpoenas at that job place and called it my residence. Suit four went to trial in Federal Court as Alex sued the City Police Department for trumped up firing when he actually quit. A two week trial and he lost. As it is now, Russell brought us down about 190 thousand dollars over nothing really except hate. He is an Atheist who hates any religion and has too much time on his hands. I am not the first he has ruined as he plays people like chess. If you wish to see what he has done and is doing, send me a PM and I will give you the link, but only to never be revealed here publically.

[AngelinaCatHub]

I've gone back to see if either of you had given the backstory on this guy, but haven't found anything.


Sooooooo, that begs the question. What happened that caused this guy to come after you? Previous posts indicate he sat on his first suit for about 5 years(?) until you BK'd.

**** Please don't feel pressured into explaining it at all, just trying to get an understanding why this guy is coming after you. I can understand why you wouldn't want to explain it, *******

We have given small amounts of back story in bits and pieces. We have been the fly that is getting it's wings pulled off for fun. The man is narcissist and believes "everyone needs three people, one to talk to, one to love, and one to hate. The most important one is 'hate' as it is the amalgamator". He lives this credo.

[AngelinaCatHub]

I am not sure of the timelines, but I have to assume he is filing an adversary under 11 USC 523, which classifies non-dischargeable debts based on fraud. This guy must really be upset about something you may or may not have done. Is he using a lawyer?

Good Luck

523(a)(6) to be exact, yet he never brought it to trial. So how can you do something not proven, and on speculation attempt to say what you didn’t do was malicious, so we are granting this guy who never got a judgment, lien, or any debt, get his case or claimed himself as a Creditor, be able to take this civil suit to bk Court?

[AngelinaCat]

Hi All:

This thread contains my original post when I found this forum back in April. This was right after we had been slapped with the paperwork for this Adversarial Proceeding.

Thanks!

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

[arkienurse]

Oh wow Hub, what a story. Sounds like a stalker on energy drinks and adrenaline shots. The nosey part of me really wants more of the story. The rational part wonders if Mr. Stalker man has any way of finding this forum and wreaking more havoc upon your life. But thanks for letting us know in a nutshell what happened to lead you to this point in your life.

[AngelinaCatHub]

Oh wow Hub, what a story. Sounds like a stalker on energy drinks and adrenaline shots. The nosey part of me really wants more of the story. The rational part wonders if Mr. Stalker man has any way of finding this forum and wreaking more havoc upon your life. But thanks for letting us know in a nutshell what happened to lead you to this point in your life.

That is EXACTLY what we are dealing with here!!!

[BKdinOhio]

Yes, Thank you giving us the gist of what kind of creep this guy is. This really helps understand what you've been going through these past several years.