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  1. #1
    Join Date
    Mar 2018

    Default Fraud by a Bankruptcy Trustee

    My question involves court procedures for the state of: Louisiana.

    I have a complex case involving a biased judge and a crooked chap.7 bankruptcy trustee. In an attempt to defraud the owner of a promissory note and mortgage (against whom the court is biased), trustee reopened a 8 year old bankruptcy case and authorized a 3rd party to seek a declaratory judgment in favor of his debtor in a summary proceeding held in a case in which neither the debtor nor the true owner are parties.

    The true owner filed an ordinary suit in the only court having jurisdiction over both the debtor and himself. The biased judge ignored the existing suit, held the summary proceeding, and rendered judgment in favor of the debtor. True owner's atty untimely filed improper pleadings with the court of appeal and his appeal was dismissed on technical grounds. Trustee motioned for turnover in bankruptcy court and true owner was ordered to surrender his note. We have since discovered that in their rush to defraud the true owner and avoid the ordinary suit in the unbiased court, neither the trustee nor the 3rd party motioned the bankruptcy court for relief of the automatic stay which went into effect when the trustee reopened the bankruptcy.

    We believe this makes the biased court's judgment void ab initio. We intend to file a motion to set aside and declare an absolute nullity the judgment awarding the defrauded owner's property to the debtor. We're trying to figure out how to prevent the 3rd party and trustee from doing the same thing all over again in the biased court. We considered filing a notice of lis pendens, but until we're granted relief of stay, that suit is barred too.... We don't want to file for relief of stay until after we have the judgment declared void - because until then, the debtor owns the note. But then it will be a race to the courthouse... Filing a motion to recuse won't help either as the biased judge is the chief justice who the remaining judges refuse to embarass.

    Additionally, we're planning to file the nullity action in the biased court. Though, we're wondering if there isn t a way to petition the federal district court to annul the judgment... ?

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