Legal Question in Bankruptcy in California

I have a very large multi million dollar judgment.

Debtor is in Chapter 7.

I need to file an advesorial proceedings.

Need help with understanding what needs to be done and how it is done.

Debtor is hiding his assets.


Asked on 5/06/10, 4:09 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You can file an adversary complaint with the bankruptcy court if the debt is nondischargeable, for example it was due to fraud. If you were listed as a creditor in the bankruptcy case, you have a limited amount of time to file. I would be pleased to help, please call me or write me from my website, mikestonelaw.com .

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Answered on 5/11/10, 4:25 pm
David Gibbs The Gibbs Law Firm, APC

I am not being flippant when I say you need to go hire an attorney immediately. The grounds for excepting a debt from a discharge are complex. Further, if you are going to seek dismissal or denial of a discharge under the code for abuse, you really need an experienced bankruptcy attorney to represent you. You also may be able to get some free assistance from the US Attorney's office, US Trustee Program if you can prove assets are being hidden; but again, even getting that done requires some substantive knowledge of the bankruptcy code, applicable case law and what the US Trustee considers to be "abusive-enough" to file for dismissal or denial of discharge. Adversarial Proceedings are complex, governed by not one but two separate sets of procedural rules, and a host of local rules. Not handling this correctly will guarantee that you could end up having your judgment discharged. If your judgment is that large, why would you not retain an attorney immediately to help you? This is not something you can or should do on your own.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 5/11/10, 4:28 pm


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