I haven't posted in quite awhile because I thought our situation was concluded.
My brother-in-law stole my husband's identity in 2004 to use his credit to be able to secure credit. He kept up on the payments until 2008 when he defaulted and the bank contacted us.
Long story short....we filed police report and we got him and his wife to sign a Promissory Note Secured by a Deed of Trust against their house. Two months later, they filed bankruptcy pro se. I filed Adversary Proceeding pro se and also filed a complaint with the U.S. Trustee due to all sorts of false statements on their schedules among other things.
We went to trial last summer. We won our Adversary Proceeding and the judge discharged everything else.
I thought that was it. We checked PACER expecting to find the case was finally terminated after the discharge. It still hasn't been and in fact, the U.S. Trustee just appointed a new trustee to the case last month.
This Chapter 7 has been open 435 days. I wonder if the U.S. Trustee is still investigating? Otherwise, we've never heard anything from that office since we filed the formal complaint nearly a year ago.
Or is this not unusual after an Adversary Proceeding? They were decided to be asset case....apparently because of the house. The house was foreclosed last fall and it's on the market now, priced well below what is needed to satisfy the original mortgage, let alone our junior lien. So I can't imagine it's because of assets...there isn't anything!
My brother-in-law stole my husband's identity in 2004 to use his credit to be able to secure credit. He kept up on the payments until 2008 when he defaulted and the bank contacted us.
Long story short....we filed police report and we got him and his wife to sign a Promissory Note Secured by a Deed of Trust against their house. Two months later, they filed bankruptcy pro se. I filed Adversary Proceeding pro se and also filed a complaint with the U.S. Trustee due to all sorts of false statements on their schedules among other things.
We went to trial last summer. We won our Adversary Proceeding and the judge discharged everything else.
I thought that was it. We checked PACER expecting to find the case was finally terminated after the discharge. It still hasn't been and in fact, the U.S. Trustee just appointed a new trustee to the case last month.
This Chapter 7 has been open 435 days. I wonder if the U.S. Trustee is still investigating? Otherwise, we've never heard anything from that office since we filed the formal complaint nearly a year ago.
Or is this not unusual after an Adversary Proceeding? They were decided to be asset case....apparently because of the house. The house was foreclosed last fall and it's on the market now, priced well below what is needed to satisfy the original mortgage, let alone our junior lien. So I can't imagine it's because of assets...there isn't anything!