Legal Question in Bankruptcy in Florida

I just got a letter from the U S bankruptcy court stating that Guy Gebhardt ( U S trustee) has filed an Ex Parte Motion to reopen my case and defer payment of filings fees. The motion is to reopen to Examine debtor, propound discovery and defer payment of filing fees.

I originally filed in 05/2004- discharged already.

Within the past few years I have run into more debt- these debts have all been charged off over a year ago. But I am still getting harassing calls from the creditors. I changed my phone number but the creditors got the new info from the credit bureau. So, I decided to lock my credit reports with the credit bureau not realizing that the credit file lock only prevents new credit pulls- current creditors still have access. I was desperate so I came up with the hair-brained idea to send the credit bureau new bankruptcy info- I changed the dates, made up a new case number, and added these new debts. Hoping they would stop calling me. I HAVE THE WORST LUCK! Apparently, the case number I made up belongs to a debtor/ case in West Palm Beach, FL/closed. U S Trustee was informed of situation- Trustee also stated that my name affixed to that case number, court documents altered with signature of court affixed. As well as correspondence from former counsel.

Copies of Motion have been sent to me, former bankruptcy attorney and Marcia Dunn/former Chapter 7 Trustee.

WHAT DO I DO?????????

Should I call the Trustee's office and admit to what I did? My original bankruptcy is legitimate. I did not file a fake case to run up debt because I have not established new credit after doing so- Equifax did not make any changes!!!!

Asked on 8/14/13, 7:52 am

2 Answers from Attorneys

Matthew Mazur Matthew Mazur, P.A.

There are aspects of what you did that constitute fraud and may have criminal ramifications. Do yourself a favor and seek legal counsel from a criminal attorney as to the actions you took with the credit bureau and bankruptcy counsel for dealing with the Trustee's motion. This is not a situation you should be handling on your own.

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Answered on 8/14/13, 8:20 am

R. Jason de Groot R. Jason de Groot, P.A.

You are going to need to hire criminal defense counsel at this stage.

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Answered on 8/14/13, 8:28 am

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