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

[shabam]

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)

It would constitute fraud if they pulled a fast one and took their deposits, then filed bk. You cannot keep someone's deposit and then list them as creditors.

[backtoschool]

It would constitute fraud if they pulled a fast one and took their deposits, then filed bk. You cannot keep someone's deposit and then list them as creditors.

If the deposits are listed as assets, I do not see why not. Of course the tenants could file an AP if the deposits were taken within 90 days of filing, and they would win the AP most likely and the debt would not be discharged.

[AngelinaCatHub]

Belee: you asked this same question/request in this thread:

http://www.bkforum.com/showthread.php?t=47388&highlight=slander+se

Please do not make multiple threads as the answers don't generally change, and it is confusing to everyone. 'Hub

[aljohnson007]

I'm trying to digest "my lawyer told me" vs I filed pro se. ?

[AngelinaCatHub]

I'm trying to digest "my lawyer told me" vs I filed pro se. ?

Do you mean; "I filed pro se" in the signature and "'Wiz" posted "my lawyer"? Naw. Don't tell me we have another 'Wiz here.

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]

I see your point 'hub regarding the inconsistencies in the OP's info. I was only posting info on security deposits in case anyone searches for info on how to handle them in the petition.

[AngelinaCatHub]

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?

This is sounding more like a 'Wiz that was finally banned, and a couple other farces. This is looking more like Forum Abuse as I read this guy. He cannot keep the (alleged) facts the same from post to post and from thread to thread. We call these as "Trolls". They troll for various reasons. Attention more than anything, or sympathy (earned not stolen) and once credibility is broken. Nothing is believed. I think the OP should come clean with the forum and perhaps someone would answer his questions. As for me, I'm ignoring this one. 'Hub

[bellee]

This is sounding more like a 'Wiz that was finally banned, and a couple other farces. This is looking more like Forum Abuse as I read this guy. He cannot keep the (alleged) facts the same from post to post and from thread to thread. We call these as "Trolls". They troll for various reasons. Attention more than anything, or sympathy (earned not stolen) and once credibility is broken. Nothing is believed. I think the OP should come clean with the forum and perhaps someone would answer his questions. As for me, I'm ignoring this one. 'Hub

Im upset that you offered me a lot of support the other day and now are acting this way.

And Im not a guy.

[bellee]

I'm trying to digest "my lawyer told me" vs I filed pro se. ?

I have a lawyer who is advising me SOLELY on the fact that I have people trying to assert fraud against me.

[bellee]

It would constitute fraud if they pulled a fast one and took their deposits, then filed bk. You cannot keep someone's deposit and then list them as creditors.

Um you're supposed to list everyone you owe money to.
Do you not understand that ?

[bellee]

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.

My state doesn't require that.

[bellee]

I see your point 'hub regarding the inconsistencies in the OP's info. I was only posting info on security deposits in case anyone searches for info on how to handle them in the petition.

Thanks for all your advice. Youve been nice and helpful.
Im so lad that I didnt post this before my 341, because the attacks by others would have unnerved me.

Im also glad I am pro se and that I understand all the intricacies.

Some of the people here dont understand that I couldnt go ahead and pay certain people back, but not others after filing BK.

[bellee]

I have to say Im really stunned by the ugly posts on here today. I may visit the board when the case if over, I may not.

I will say that I attempted to make my case an asset and surrender my house .

I should have enough equity in it to cover mortgage payoff, my exemption, a 5% realtor's fee AND pay off all other creditors.

I gave the trustee two appraisals and he says it wasnt worth it to him to try and make it an asset case. At least Im on record as attempting to.

[AngelinaCatHub]

Im upset that you offered me a lot of support the other day and now are acting this way.

And Im not a guy.

Ms. Bellee: In all due respect, I attempt to help people in the best way I am capable of. Much time, research, digging, and sometimes psychology.

If I am wrong, I truly apologize. In the past, we have had what I described in my previous posting. Many of us who have been here awhile have spent countless hours in vain trying to aid erroneous or false precepts.

Your inconsistent stories on two different threads, seem to be similar but also very different in the information you have stated.

Inaccuracies are one thing, but when things look like a duck, quack like one, well, you know the rest.

I am more than willing to help you anyway I am able. I've learned a lot in the school of hard knocks of bk. I will promise you that I shall follow up on your case, help you when I can, and believe you from here on, unless you cross the line with stories that don't jibe. I hope this is a "deal", that you will agree with. 'Hub

[AngelinaCatHub]

I have to say Im really stunned by the ugly posts on here today. I may visit the board when the case if over, I may not.

I will say that I attempted to make my case an asset and surrender my house .

I should have enough equity in it to cover mortgage payoff, my exemption, a 5% realtor's fee AND pay off all other creditors.

I gave the trustee two appraisals and he says it wasnt worth it to him to try and make it an asset case. At least Im on record as attempting to.

Ms. Bellee:

Don't rush to Judgment. You have very good aid here. I made my effort, make yours and don't bail. Just be forthright and clear. BK is a tough time for anyone. The stress is unbearable for many. If we did not care, we would not waste our time on others as we, who have been down the road you are now walking, have been. I would consider it a personal favor to stay on. 'Hub