can pro se creditor file motion to dismiss?

[CHEESEY]

I have a judgement debtor who has filed a blatantly fraudulent chapter 7 petition.

I supplied numerous public documents to both the trustee and DOJ lawyer his petition is a sham and full of misstatments, omissions, and asset concealment.

I participated in two 341 (of 3 total with 1-2 more on the way) hearings where the petitioner either demonstrated consistent perjury or advanced alzheimers.

My problem is that unless I file a motion to dismiss, his BK could actually go through!

the trustee is pissed because of all the docs he needs to review, repeated 341s, and the miniscule pay ($60) he is recieving.

Any tips on a pro se creditor filing a motion to dismiss based on misstatments (both in the petition & 341s), omissions, and asset concealment?

The debtor only owes me $20k, and the lawyer on the intial lawsuit doesn't want to go halfsies.

Thanks,

Cheesey

[AngelinaCatHub]

Of course you can file a Motion to dismiss. You must give all the reasons, the current law number the reasons are bogus under the law and look up case law backing the similar bogus claims. Fraud or malicious intent to harm a person are two major reasons for a claim not to be included into a bankruptcy. You can also make a Motion to have your claim held non dis-chargeable. You may consider an Adversary Procedure and that would freeze your claim from discharge until the AP is heard, whether the debtor gets his discharge or not.

Did you say 3 341's to date and two more possibilities to come? I believe the Trustee has his number not withstanding your claim. 20K is NOT a little debt. 'Hub

[justbroke]

Well, you could file a Motion to Dismiss, but you probably also want a Complaint to Determine Dischargeability as to your specific debt, since his Discharge may still go through!

Remember, proving actual fraud can be difficult. You need to show a basis for why either the case should be dismissed or the claim non-dischargeable. The burden of proof will be on you.

'Hub has pointed you in the correct direction. I'd highly consider both filing the complaint and filing a motion to dismiss.

[CHEESEY]

Abuse of the process itself?

Angelina:

Thank you. My money judgement was not incured as a result or fraud or malicious intent to harm a person, it was a civil case he lost.

The petitioner has a vetern bk lawyer and I am concerned if I lose the petition (anti pro se bias?), I may be reponsible for the Petitioners legal fees defending it.

So I really do not want to make any missteps. I've witnessed wild rulings in the past, so I know anything can happen.

The 341s are mostly in connection with corroborating documents and to discover income and assets.

Also the D just admitted he ceased operations of his corporation and started working as an extremely low paid employee for a similiar company on the same day as the last hearing.

He also ommited listing 4 forensic exams on his petition, valued a lucrative business at $0, ommited listing a closed bank account, numerous unexplained/ unlisted cash withdrawls, failure to report transfers & assets, a sham loan to his live in girlfriend to devalue his business, etc. Also his lawyer has claimed the 5th for his client on two occasions and the petitioner has been non co operative and has very little memory of everthing related to his petition.

Those valid grounds for dismissal being granted? Abuse of the process itself?

[justbroke]

Those valid grounds for dismissal being granted? Abuse of the process itself?

Not necessarily. The process is actually pretty forgiven absent actual and intentional abuse.

[AngelinaCatHub]

Angelina:

Thank you. My money judgement was not incured as a result or fraud or malicious intent to harm a person, it was a civil case he lost.

The petitioner has a vetern bk lawyer and I am concerned if I lose the petition (anti pro se bias?), I may be reponsible for the Petitioners legal fees defending it.

So I really do not want to make any missteps. I've witnessed wild rulings in the past, so I know anything can happen.

The 341s are mostly in connection with corroborating documents and to discover income and assets.

Also the D just admitted he ceased operations of his corporation and started working as an extremely low paid employee for a similiar company on the same day as the last hearing.

He also ommited listing 4 forensic exams on his petition, valued a lucrative business at $0, ommited listing a closed bank account, numerous unexplained/ unlisted cash withdrawls, failure to report transfers & assets, a sham loan to his live in girlfriend to devalue his business, etc. Also his lawyer has claimed the 5th for his client on two occasions and the petitioner has been non co operative and has very little memory of everthing related to his petition.

Those valid grounds for dismissal being granted? Abuse of the process itself?

If within your paperwork, you can point to his misgivings, and show an attempt to hide assets, this would break his ability to file bk. If you can discredit his character as it appears he is using the system "creatively" his bk could be dismissed. No bk then go for collection. Right now once he filed you cannot even talk to him except through the Courts. For 20K, you need a lawyer. Going pro se is not in your best interest. Remember, half of something is better than all of nothing. So the lawyer gets a percentage, but remember, you already have the Judgment, collecting it is what this is about. 'Hub