BK 7 Dismissed due to creditor on a vendetta

[despritfreya]

The real problem here is that we are only getting bits and pieces of what was going on. I cannot expect you to even attempt to explain the entire case but without reviewing the judgment denying the discharge JB and LITR are only speculating. The fact is. . .

1. If your mom had any interest in any asset as of the filing date and failed to disclose, disclose, disclose, she would be in trouble.

2. If your mom transferred, gave away, sold for less than true value, any asset of any kind within the two years prior to filing it need to be disclosed, disclosed, disclosed. If not disclosed she would be in trouble.

3. Any transfer, give away or sale for less than true value that happened between two years and four years prior to filing, while a debtor does not need to disclose it, a Trustee has the right to recover it.

4. If your mom failed to keep financial records that one would expect a person to have, she would be in trouble.

5. If your mom paid back a loan from a family member within the one year prior to filing and failed to disclose, disclose, disclose, she would be in trouble.

And there are so many other reasons to be denied a discharge so without knowing all of the details it is really hard to comment.

Edt to add: Whatever was going on, the judge believed that mom knew she did not disclose, disclose, disclose. 727(a)(4)(A) requires a finding of "intent".


Des.

[SecretOC]

If there was no will or trust, then entitlement to the estate depends on laws of intestate succession in the state where the decedent resided.

Well in that case it was a completely different country. My mothers father is the decedent. So my mothers, mother acknowledged what my mothers brother said and understood that it was only correct to not assign a share to my mother.

[justbroke]

You're right Des... too complex and it's beyond speculation.

[SecretOC]

Edt to add: Whatever was going on, the judge believed that mom knew she did not disclose, disclose, disclose. 727(a)(4)(A) requires a finding of "intent".


Des.

Even if her attorney advised her to NOT disclose it!? Thank you so much Des. But looks like this is a lost cause then...

[despritfreya]

Even if her attorney advised her to NOT disclose it!? Thank you so much Des. But looks like this is a lost cause then...

Nothing is ever a lost cause. If her attny really told her not to discloses and she can prove it. . . malpractice. The question then becomes whether or not the claim against the attny is an asset of the bk because the bad advice was given before the case was filed. Tough one on that but. . .

If there was malpractice an attny has a duty to do what he/she can to correct it. Taking the matter up on appeal could be an attempt to correct it.

As it relates to the denial of discharge, unfortunately "I did as my attny instructed" is rarely, if ever, a defense. I have seem some pretty crappy cases clearly screwed up by the attny however, the judges typically say "well you, Mr. Debtor, signed on the dotted line - didn't you? - You must have known the information was wrong or incomplete."

Des.

[SecretOC]

Nothing is ever a lost cause. If her attny really told her not to discloses and she can prove it. . . malpractice. The question then becomes whether or not the claim against the attny is an asset of the bk because the bad advice was given before the case was filed. Tough one on that but. . .

If there was malpractice an attny has a duty to do what he/she can to correct it. Taking the matter up on appeal could be an attempt to correct it.

As it relates to the denial of discharge, unfortunately "I did as my attny instructed" is rarely, if ever, a defense. I have seem some pretty crappy cases clearly screwed up by the attny however, the judges typically say "well you, Mr. Debtor, signed on the dotted line - didn't you? - You must have known the information was wrong or incomplete."

Des.

aw great... If my mother is somehow able to amend her schedules during the appeal (Edit: is this possible?) would they go after the inheritance even it has already been spent on their own legal fee's from a separate civil suit?

[LadyInTheRed]

The real problem here is that we are only getting bits and pieces of what was going on. I cannot expect you to even attempt to explain the entire case but without reviewing the judgment denying the discharge JB and LITR are only speculating.

Absolutely!

Again, if your mother doesn't understand what is going on, she needs to sit down with her attorney and have him explain it to her.