Now in 60 day club, but creditors trying to assert fraud ?

[bellee]

A few small creditors totaling just under 8000 have been relentless.

4 of them had filed civil suits. (which the stupid local court didnt deny because they 'lost' my notice of bankruptcy. [i resent it])

Now I've found out that one of them contacted others on my matrix, plus the others who filed suit in court and went to the local police.

What the hell ?

Are they trying to make it look like fraud or something ?

It's a civil matter as far as I know. I'm pro se and this is disturbing.
Argh.

[ForumReader]

A few small creditors totaling just under 8000 have been relentless.

4 of them had filed civil suits. (which the stupid local court didnt deny because they 'lost' my notice of bankruptcy. [i resent it])

Now I've found out that one of them contacted others on my matrix, plus the others who filed suit in court and went to the local police.

What the hell ?

Are they trying to make it look like fraud or something ?

It's a civil matter as far as I know. I'm pro se and this is disturbing.
Argh.

Sorry to hear that. This must be very frustrating. How long ago did you file your BK? Creditors should not be calling one another on a petitioner's matrix, IMO.

[backtoschool]

What did they go to the police about? Even if they are suing you it is a civil matter.

If you give us more specifics, we might be able to help.

Are any of the creditors related to bad checks or something like that?

[bellee]

Sorry to hear that. This must be very frustrating. How long ago did you file your BK? Creditors should not be calling one another on a petitioner's matrix, IMO.

Filed sept 24th. my 341 was yesterday.

the creditors filed between 24th and oct 7th

i emailed them all around the 26th of sept

I sent the court a fax oct 1 when I received the first notice.

I didnt check up to make sure they got it until the 15th of October because I noticed the judge decided to move (adjourn) all four cases to the same morning. (which by the way seems unfair)

The creditors involved are all ex tenants or people who signed up to move in but didnt for one reason or another.

[backtoschool]

Filed sept 24th. my 341 was yesterday.

the creditors filed between 24th and oct 7th

i emailed them all around the 26th of sept

I sent the court a fax oct 1 when I received the first notice.

I didnt check up to make sure they got it until the 15th of October because I noticed the judge decided to move (adjourn) all four cases to the same morning. (which by the way seems unfair)

The creditors involved are all ex tenants or people who signed up to move in but didnt for one reason or another.

Did you keep their security deposits or something? (which still seems like a civil matter to me). I am not understanding why the police are involved.

[bellee]

Did you keep their security deposits or something? (which still seems like a civil matter to me). I am not understanding why the police are involved.

for some I kept them rightfully as 'liquidated damages' and for others i kept them and had planned to repay when house sold. But yes it's all a civil matter. it boggles my brain that people don't understand contract law.

but the police dept here is not the most well informed. in fact I have been joking for months they'd come after me for not raking my leaves or having my lawn too high.

they were written up nationally for doing something really stupid that violated some people's rights. (it got the ACLU involved). (if i mentioned here, people would instantly know where i live by googling it)

I currently have 3 GREAT roommates and Ive been very very open with them about all insanity and chaos going on with ex tenants.
Theyve been cool about it.

anyway my lawyer basically says I should just move soon and not say a damn thing to them no matter what before i do.

[backtoschool]

for some I kept them rightfully as 'liquidated damages' and for others i kept them and had planned to repay when house sold. But yes it's all a civil matter. it boggles my brain that people don't understand contract law.

but the police dept here is not the most well informed. in fact I have been joking for months they'd come after me for not raking my leaves or having my lawn too high.

they were written up nationally for doing something really stupid that violated some people's rights. (it got the ACLU involved). (if i mentioned here, people would instantly know where i live by googling it)

I currently have 3 GREAT roommates and Ive been very very open with them about all insanity and chaos going on with ex tenants.
Theyve been cool about it.

anyway my lawyer basically says I should just move soon and not say a damn thing to them no matter what before i do.

It's a shame you have to deal with the police in addition to your bankruptcy. I am glad you have a lawyer that will handle it for you. Unreturned security deposits are definitely a civil matter so you have nothing to worry about as long as you included them in your petition.

The only think you have to worry about would be one of the creditors filing an AP, and they would have to have a pretty solid case that you took their security deposit knowing you were going to file immediately. Also, the AP will cost them at least $5k to file against you, so the odds are very slim they will file an AP.

[bellee]

It's a shame you have to deal with the police in addition to your bankruptcy. I am glad you have a lawyer that will handle it for you. Unreturned security deposits are definitely a civil matter so you have nothing to worry about as long as you included them in your petition.

The only think you have to worry about would be one of the creditors filing an AP, and they would have to have a pretty solid case that you took their security deposit knowing you were going to file immediately. Also, the AP will cost them at least $5k to file against you, so the odds are very slim they will file an AP.

I'm just so thrilled that none of them moved in or still live here.
My current roomies are nice and balanced.
I have learned my lesson to stay away from people off of craigslist.

[biotechsolution]

A few small creditors totaling just under 8000 have been relentless.

4 of them had filed civil suits. (which the stupid local court didnt deny because they 'lost' my notice of bankruptcy. [i resent it])

Now I've found out that one of them contacted others on my matrix, plus the others who filed suit in court and went to the local police.

What the hell ?

Are they trying to make it look like fraud or something ?

It's a civil matter as far as I know. I'm pro se and this is disturbing.
Argh.

You may issues.

Most states require you to put a security deposit in 'trust' until the tenant moves out when you return it to them. In theory those deposits should have been listed in your petition has assets. Your tenants would file a claim with the trustee, most courts give tenants priority over any unsecured claim.

Your tenants could claim fraud because the security deposits weren't held in trust.

[nc73]

uh oh...

[tjs1970]

sounds like you are trying to get away with a fast one........sorry to jump to conclusions.........but when EIGHT of them all come after a landlord for keeping security deposits and now that landlord is living with roomates? did you lose it gambling or something?

[shabam]

sounds like you are trying to get away with a fast one........sorry to jump to conclusions.........but when EIGHT of them all come after a landlord for keeping security deposits and now that landlord is living with roomates? did you lose it gambling or something?

I hope you are wrong tsj however this does spell dismissal. They are not "creditors" they are their tenants. If they did pull a fast one with their deposit then they are screwed. An AP would be the least of their problems, as in some states that is fraud. That cannot not be discharged.

[shabam]

anyway my lawyer basically says I should just move soon and not say a damn thing to them no matter what before i do.

Your sig says pro se

[backtoschool]

The deposits would have to be listed as assets and the tenants would have to be listed as creditors, but this is a civil matter, not one for the police, and I am not sure that this constitutes fraud unless the OP took the money right before filing for bankruptcy. (90 days is the definition of insolvency legally in regards to intent)

[shabam]

for some I kept them rightfully as 'liquidated damages' and for others i kept them and had planned to repay when house sold. But yes it's all a civil matter. it boggles my brain that people don't understand contract law..

Did you list their deposit as assets?