Can I file an objection against a deptor without an attorney?

[sorka]

Hi. This is my first post.

I recently won a judgment against a person whom I bought a house from several years ago. The seller failed to disclose significant flooding and drainage problems with the house. They also failed to disclose the use of sump pumps when it rained to keep the house from flooding.

We sued. We won. The judge said it was intentional but left a formal finding of fraud out because the sale was part of a divorce settlement and the judge believed the sellers were backed into a corner and felt that the circumstances pushed them int doing what they did. The judge did however award all attorney fees and legal costs in addition to the repair of the actual damages.

The debtor filed for chapter 7. I went to the meeting of creditors. I asked a bunch of questions about what the seller did with various substantial amounts of funds taken out of two rentals during refinancing over the last 3 years.

I later found out, through digging through public records and hiring a PI that the seller lied about what they did with the funds and also lied about receiving rental income from the two rental properties. During the 341, the debtor claimed that their older children were living in these two rentals and not paying rent.

My goal is to get our money back. I'd prefer that the debtor succeed in bankruptcy but not get their debt to me discharged.

I feel that if I blow the whistle on them in an objection and show where they lied and that they weren't truthful about their finances that they might not be granted bankruptcy or even worse, might get prosecuted by the US Trustee.

1. Should I approach their attorney and let him know that I have evidence that they lied and that they should re-affirm or I'll turn them in?

2. Should I leave all of that out and just file an objection claiming we were defrauded and that the debt shouldn't be discharged?

3. Can I file an objection without an attorney? Is there a standard form to fill out or does the letter take the form of a typical motion? I've called every bankruptcy attorney in my area and the are all completely booked up in the time line that I need. I can't find anyone!!! And even if I could, I can't afford too much time. This suit and our costs of repairs plundered our life savings. We're at risk of going into chapter 7 or 13 ourselves.

4. In the initial notice of chapter 7, the deadline to file an objection was 60 days from the 341 meeting. However, 3 days after the meeting, the deadline was changed to 30 days, so now I have *much* less time than I originally had to file my objection.

Any advice is welcome.

Thanks.

[AngelinaCatHub]

Hi. This is my first post.

I recently won a judgment against a person whom I bought a house from several years ago. The seller failed to disclose significant flooding and drainage problems with the house. They also failed to disclose the use of sump pumps when it rained to keep the house from flooding.

We sued. We won. The judge said it was intentional but left a formal finding of fraud out because the sale was part of a divorce settlement and the judge believed the sellers were backed into a corner and felt that the circumstances pushed them int doing what they did. The judge did however award all attorney fees and legal costs in addition to the repair of the actual damages.

The debtor filed for chapter 7. I went to the meeting of creditors. I asked a bunch of questions about what the seller did with various substantial amounts of funds taken out of two rentals during refinancing over the last 3 years.

I later found out, through digging through public records and hiring a PI that the seller lied about what they did with the funds and also lied about receiving rental income from the two rental properties. During the 341, the debtor claimed that their older children were living in these two rentals and not paying rent. This is evidence to present to his attorney.

My goal is to get our money back. I'd prefer that the debtor succeed in bankruptcy but not get their debt to me discharged. Good bargaining chip.

I feel that if I blow the whistle on them in an objection and show where they lied and that they weren't truthful about their finances that they might not be granted bankruptcy or even worse, might get prosecuted by the US Trustee. I doubt the prosecution, but a dismissal is possible. Truth is very high in the Court's eyes.

1. Should I approach their attorney and let him know that I have evidence that they lied and that they should re-affirm or I'll turn them in? You may do this, but be very careful. Do it in writing as you do not want to look like you are blackmailing them. Do not approach the attorney in person unless he wishes to talk to you. Then bring and announce that you have a recorder. (They are cheap at Radio Shack)

2. Should I leave all of that out and just file an objection claiming we were defrauded and that the debt shouldn't be discharged? Yes, but in writing to the Court if you know how. A lawyer is advisable at this point.

3. Can I file an objection without an attorney? Is there a standard form to fill out or does the letter take the form of a typical motion? I've called every bankruptcy attorney in my area and the are all completely booked up in the time line that I need. I can't find anyone!!! And even if I could, I can't afford too much time. This suit and our costs of repairs plundered our life savings. We're at risk of going into chapter 7 or 13 ourselves. I understand. Been there too. An Adversary Procedure is a lawsuit outside but linked to the Bk. This could be mentioned in your letter to his lawyer. You can go pro se but you need to bone up on all that law stuff. Been there too.

4. In the initial notice of chapter 7, the deadline to file an objection was 60 days from the 341 meeting. However, 3 days after the meeting, the deadline was changed to 30 days, so now I have *much* less time than I originally had to file my objection. I have NEVER heard of shortening of time. I have heard of lengthening it as in my case, an asset case. Check into this and be sure. Go on PACER and find him. Locate his bk file. It is Public Record. .08 cents to look but save to hard drive as you look for your records.

Any advice is welcome.

Thanks.

Advice? Well the only real advice except what I stated is you do need a lawyer. I understand the trade off of the money vs. the house costs and suit costs. You could reason with his lawyer to reaffirm your judgment. It is still hard to collect a Judgment but it will hang around his neck forever and you may claim stuff if and when he gets on his feet. What does he have now if he is in bk? You can't get blood from stone. 'Hub

[HHM]

If you try to do it yourself, you will probably lose. The burden of proof will be on you and you need to match up their conduct with a "specific" exception to disharge in order to get your judgment paid.

Hire an attorney.