Dallas, TX asked in Bankruptcy for Texas

Q: Need advice on a fraudulent bankruptcy case that involves someone stealing my company by forging my name on documents.

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3 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Your question offers only conclusions, but none of the facts needing proof, in court, to support those conclusions.

And in almost every court, in every case, the standard of proof for fraud claims is "clear and convincing", not merely a "preponderance of the evidence", or "more likely true than not".

You don't give any indication about whether you or your business has the resources to pay a lawyer (you will surely need a lawyer to guide you to make these claims and speak for you).

There may be an alternative path. The Office of the US Trustee in your district is charged with ensuring the integrity of the bankruptcy process; a fraudulent bankruptcy filing/forged signatures or use/abuse falls within the UST's areas of responsibility. The UST's office is open to laymen who report activities that undermine the bankruptcy process.

That said, it behooves you to confer, first, with an experienced bankruptcy attorney about the grounds for your claims and the proof(s) you have to support your claims of fraud, to determine your best path forward.

Timothy Denison and Martha Warriner Jarrett agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Contact a competent bankruptcy lawyer, provide him with all the facts and he can advise you on your options going forward.

Martha Warriner Jarrett agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In a situation where your company has been compromised through fraudulent activities, such as the forging of your signature on bankruptcy documents, immediate action is crucial.

First, collect all relevant evidence, including the forged documents and any other materials related to the bankruptcy case and your company. This documentation will be vital in proving the fraud.

It's essential to report this incident to law enforcement and the bankruptcy court handling the case. Notifying these authorities is the first step in initiating a formal investigation into the fraudulent activities.

Consulting with a legal professional experienced in fraud and bankruptcy law is highly advisable. They can guide you through the process of challenging the bankruptcy filing, protecting your rights, and seeking justice against the fraudulent actions.

Remember, cases involving forgery and fraud are complex and require a detailed legal approach. Acting promptly and with the guidance of a legal professional can help to safeguard your interests and address the situation effectively.

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