Q: What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?
If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one. All before he filed bankruptcy. So he can just get away with non-compliance of multiple court orders because he filed bankruptcy? I've had to move out of my home because of him foreclosing on my house while stealing my money that was intended for my mortgage. When I questioned him the harassment and threats began. I lost over $60,000 of my investment which is all I had. I've been living between friends and extended family. I lost my job because of the tremendous amount of stress from all of this and he just gets away with scamming me and keeping all his other properties. There has to be something I can do.
A: Call the trustee or attend his meeting of creditors they will tell you how to proceed.
A: First, you should consult an experienced bankruptcy attorney. This is a very complicated fact situation and how that interplays with the laws in your state and jurisdiction are important. A good lawyer should also review costs with you and give you experienced advice on likelihood of success, etc. That said, as a "party-in-interest" or "creditor", you may contact the appointed trustee in the case and attend the creditors meeting. You would be better served hiring a lawyer to do this who practices regularly in your area. If this is either a Chapter 7 or Chapter 13 bankruptcy, you would have the right to object to the debtor's discharge - 60 days from the creditors meeting. Further, in Chapter 13, you can file a Proof of Claim with the Court and an objection to confirmation of any plan filed.
A: Your sole remedy is to file to object to discharge. There is a strict deadline for doing this, and there is a fee.
A: Contact an experienced bankruptcy attorney to discuss your options, look at the violated orders and discuss filing an adversarial proceeding against him within the bankruptcy.
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