Need sample Creditor motion to reopen ch 7

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Reply-To: Craig J Beauchamp
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PC creditor was never noticed on a 12/2010 CH 7 filing - had he been
noticed he would have filed an adversary complaint for fraud and
misrepresentation. Debtor scammed PC out of $140k - didn't notify PC about
the bk because it appears debtor was in the process of getting other
members of PC's church congregation to loan him money (one or maybe two of
those victims have or are filing state claims against debtor who is
eligible to file bk again in December 2018).. PC didn't find out about the
bk until he filed lawsuit in OC Courts and Debtor's defense in demurrer is
no standing relying on - *In Re Beezely - Discharge in No Asset case
covers all debts whether noticed or not except in cases of fraud.*
*Big problem - bk discharged 2012. However, I only found one case re
timing that said 14 years was too long. The entire re-opening is
discretionary. * Judge in the case is Ted Albert. PC waited because they
were friends and he kept believing debtor's promises to pay and a few small
payments made (about $23k from 2007 to 2013 when Debtor wrote out an
acknowledgment of owing the balance but then paid nothing (this note
doesn't help PC except to show continuing false promises). Every time PC
demanded payment, debtor kept promising but always had excuses..
Looking for a sample creditor motion to reopen because PC really wants to
try. The Debtor convinced him to take a 2nd out on his home to be able to
loan him the money to put into super real estate opportunity - NOT! Debtor
helped him make payments for a while, but then stopped and PC almost lost
his home, having to borrow funds to modify and keep the house. (I would
have sued the debtor then, but not my PC - he was sure debtor was an
honorable man)
I explained to PC how hard it is to prove fraud, but he also has evidence
this debtor failed to put in his petition a 3rd rental real estate property
owned in Riverside County (in bk Schedule A Debtor claimed a home in Irvine
and rental property in Newport) and failed to list in SOFA the transfer of
another real property asset 6 months prior to the filing to an associate.
SOL on Debtor fraud for US Trustee action unless case can be re-opened.
Debtor may have had property in Las Vegas too.
They say a sucker is born every minute and they seem to come to me when
they realize they've been stung -- and never anything in writing. Why do
people enter into big money deals with no writing. Cannot understand it.
For a sample motion, thank you in advance . . . Suggestions also welcome.
Craig
Craig J. Beauchamp, Esq.
*Attorney at Law*
1352 Irvine Blvd, Suite 201
Tustin, CA 92780
*Mailing Address*
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709 directline
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
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PC creditor was never noticed on a 12/2010 CH 7 filing - had he been noticed he would have filed an adversary complaint for fraud and misrepresentation. Debtor scammed PC out of $140k - didn't notify PC about the bk because it appears debtor was in the process of getting other members of PC's church congregation to loan him money (one or maybe two of those victims have or are filing state claims against debtor who is eligible to file bk again in December 2018).. PC didn't find out about the bk until he filed lawsuit in OC Courts and Debtor's defensecharge in No Asset case covers all debts whether noticed or not except in cases of fraud.Big problem - bk discharged 2012. However, I only found one case re timing that said 14 years was too long. The entire re-opening is discretionary. Judge in the case is Ted Albert. PC waited because they were friends and he kept believing debtor's promises to pay and a few small payments made (about $23k from 2007 to 2013 when Debtor wrote out an acknowledgment of owing the balance but then paid nothing (this note doesn't help PC except to show continuing false promises). excuses.Looking for a sample creditor motion to reopen because PC really wants to try. The Debtor convinced him to take a 2nd out on his home to be able to loan him the money to put into super real estate opportunity - NOT! Debtor helped him make payments for a while, but then stopped and PC almost lost his home, having to borrow funds to modify and keep the house. (I would have sued the debtor then, but not my PC - he was sure debtor was an honorable man)I explained to PC how hard it is to prove fraud, but he also has evidence this debtor failed to put in his petition a 3rd rental real estate property owned in Riverside County (in bk Schedule A Debtor claimed a home in Irvine and rental property in Newport) and failed to list in SOFA the transfer of another real property asset 6 months prior to the filing to an associate.e-opened. Debtor may have had property in Las Vegas too.They say a sucker is born every minute and they seem to come to me when they realize they've been stung -- and never anything in writing. Why do people enter into big money deals with no writing. Cannot understand it.For a sample motion, thank you in advance . . . Suggestions also welcome.CraigCraig J. Beauchamp, Esq.Attorney at Law1352 Irvine Blvd, Suite 201Tustin, CA 92780Mailing AddressPO Box 25857Santa Ana, CA 92799(949) 689-9709 directline(714) 835-5763faxLegallycraig@gmail.comNO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx Parteia Law and give notice to a person in my office during regular business hours.IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

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