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  1. #1
    Join Date
    Mar 2007
    Posts
    4

    Default Fraud By Bankrupty Individual To Avoid Paying Judgment Debt

    Here's a question concerning a creditor. Some of the facts have been simplified, but the basic guts are here:

    A friend borrows money, and does not repay. I file a lawsuit in civil court to recover. The friend files Chapter 7, no assets. In listing creditors, I am listed as a creditor, but the wrong address for me is intentionally used for the Notice to Creditor, I never receive notice, and I do not find out about the bankruptcy until after it is discharged. Part of the lawsuit included a claim by me that the friend had forged a check for $2000 and cashed it.

    Questions:
    1) Can an attorney get my debt removed from the bankruptcy on the fact the friend intentionally provided a false address, such that I could not participate in the proceedings as a creditor? Will this take a motion, or will an adversary filing be required?
    2) The investigation into the forged check is ongoing. What would be the impact if the friend is convicted of forging the check with regards to having the debt discharged?
    3) This was the FOURTH (yes 1+1+1+1 = 4) bankruptcy filed by this person, and the majority was consumer debt; no medical or "necessities of life" debts were listed. If an adversary proceeding is required, can this be brought forth for consideration by the judge, and what potential impact would this have?
    4) What if the debtor provided a signed statement indicating that he borrowed the money without any intention of paying it back? Does that constitute fraud?

    Before you ask, I am not trying to recover blood from a rock (Chpt 7 no assets). However, I know that this "friend" will receive an inheirantance in the next few years, and that is why I am trying to get the debt out from the discharge, such that I can persue other legal options to recover at that time.

    Opinions? Questions?

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