Attorney & Friends Need your Advice

[raddadthomas]

What is the name of your state? Oregon

There has been a recent turn of events in my case. Most of you here know my situation. Through continuing malicious behavior of my X, I have come to the conclusion that the courts are not ENTIRELY to blame. Let me explain....

Just within the last week I have been served 2 additional garnishments by crystal cutter. She currently receives $1,137 per month in child support.

The child support was increased $346 per month over a year ago by Ms. cutter and her attorney Greg Day asking the Family Court Judge to ADD credit card debts I "Federally Discharged" in bankruptcy into my child support. The Family Court Judge granted
this!

Ms. cutter claimed the creditors were looking to her for repayment. This hearing took place without me present or SERVED! Affidavit of NON service for proof.

http://briefcase.yahoo.com/bc/raddadthomas/lst?.dir=/B8-01+thru+12-01+Actual+Court+Documents&.view=l

In addition my bankruptcy was prepared by an expert attorney aware of my malicious X's behavior of excessive litigation and harassement. Due to this my attorney prepared a seperate amendment to include Ms. cutter AND any debts arising from the marriage known or unknown. Also included was Ms. cutters attorney.

Ms. cutter has collected this increase since October 8th 2001
November 1st 2001 Ms. cutter signs house and 1.27 acres of land over to boyfriend ronald bigelow for $1 Preparing for bankruptcy herself.

Ms. cutter NOW files bankruptcy herself February 15th 2002
A discharge was granted May 23rd 2002

Ms. cutter has paid $0.00 toward the debts but still collects the $346 per month increase in child support from me.

Just last week I receive 2 seperate garnishment from Ms. cutter personally. The garnishments are for the SAME debts I discharged in bankruptcy, and added into my child support!
She is collecting the judgments seperately in addition to receiving it in child support.

My employer filled out the section of my wages for the month being garnished. Ms. cutter has NOW discovered my monthly income of $6,609.82

Being under huge adversity with legal fees and child support I work my ass off to be able to have the financial strength to fight to remain in my sons lives.

The court clerk stamped these garnishments with the court seal making them official. My employer had no choice but to pay them.
I called the court clerk who signed it and she said " The court cannot be held accountable. They don't verify anything."

All I have written is completely accurate and truthfull.

My question??
If all I have written is accurate, what is my recourse?
What is Ms. cutter facing?
What advice if any can you offer?

I meet with my attorneys on Thursday the 25th of this week. I would like to be well informed as much as I can. My big day in court is set for August 20th 2002. It has taken 2 years to get there. The last time I spoke with my attorneys, they believe my case may set some kind of case law.

Most cases have 1 or 2 scenarios of trauma and injustice. My case has had everything from allegations of sexual abuse to debts discharged in bankruptcy added into my child support.

On a good note! I received a letter from the "Governor of Oregon"
stating the have received numerous E-mail from my website from people visiting my site and sending comments. If that is anyone from here.... Thank You

 

[bugaboo]

IAAL WHERE ARE YOU!!!!!!

Come on! Someone out there's got to know something about this junk! Anybody? I know, kinda screwy isn't it. Everyone says "That's illegal" and all we can say is "yeah I know but she still does it"

Just a little humor as I bump his thread.

 

[Whyte Noise]

I guess my question is... How in the hell can a judge modify a CHILD SUPPORT ORDER to include CREDIT CARD DEBT?!?! I thought debts were ordered divided when the divorce order was entered, and that they were non-modifyable? (sp?) Seems like something fishy went on there. I really dunno what advice to give other than to bring that order, along with the garnishment order, showing that you're paying the same damn thing twice over. Yes, the court should be held accountable. They just take whatever anyone says without checking it to make sure it's correct and factual? Well, yeah, they do. But that doesnt make it right. Someone has to be held accountable for making mistakes.

What exactly did that "amendment" to the BK filing say about your ex and her attorney? Were they also added into it? Any debts that you did or did not know about that came up after the date of your BK filing you wouldn't be responsible for? (comfuzzled)

Like I said, I dunno what legal advice to give. But I do know when I smell something fishy. And this reeks.

 

[bugaboo]

Thank MissouriGal for your post. Her is what the Amendment says (verbadum)

NOTICE OF AMENDMENT TO INCLUDE SCHEDULE F AND AMEND MASTER MAILING MATRIX

Debtor Thomas Leo Salts requests the following amendment to Schedule F, and the Master Mailing Matrix. Please add the following:

Cr***al Da*n C*****
**** Monument Drive
G***** P***, OR 9****

Amount owed: Unknow - Any Debts Arising Out of Marriage
Respectfully Submitted this 23rd day of February 2001

Of course I left out certain parts pertaining to her privacy (don't want to p*** her off)

Yes her attorney was Named Specifically in the BK. It stated a large dollar amount in excess of $3000.00, Not to mention that she filed on him to in excess of $7000.00! I actually found the old court ordered judgement for one of the garnishments that she's claiming. It is for attorney fees back in December 2000 (discharged in BK) I am looking for the other one.

Thomas called the court and the lady that he spoke to stated that they are not responsible for checking the legalities of a garnishment, they just stamp it. So in essence, the courts are screwing people left and right!

I hope someone checks this and responds that has had this type of delima before. I think that the other garnishment is either for more attorney fee's or credit cards (once again discharged in BK twice over!)

Oh well, we only have about 3 more weeks till she gets confronted by our attorney. I can't wait. I hope and pray that this will end it (for the positive). Thanks again.

 

[Grace_Adler]

Can't he appeal it? I mean how the hell can it hold up when he was not notified of the hearing and he has proof of that? I would think that it wouldn't be binding. If you have to put some heat on them and call the news.

 

[raddadthomas]

More insight for you

Thanks Grace and Missouri Gal.

October 8th was the hearing in Grants Pass Family Court.
I was in Phoenix Arizona. My bankruptcy was filed and discharged in FEDERAL COURT in Arizona.

Cutter told the Family Court Judge in Grants Pass she needed the increase to cover the debts I discharged. He included the debts in my child support

Ms. cutter within 3 weeks of this hearing sold the house and property for $1 If she needed money so desperately, I think she could have found a better offer?

Anyone here would pay 10 Xs that amount Ms. cutter if your reading this! lol

She then filed bankruptcy herself "WITHIN 3 MONTHS" of this property sale. She listed her boyfriend as domestic partner on her bankruptcy filing. She states on the bankruptcy affidavit THEY have a joint financial account with 50% value equally.

Looks like FRAUD to me??? Cut and dried!

I think her fearless actions are soon to catch up to her...

What penalties could she face from ilegally garnishing me for debts I discharged. She already will have to answere in court to the SAME JUDGE she had add them into my child support over a year ago?

The Judge will see she made NO payments on any debts after increasing my support. I called the support office last year when I was first informed by mail of the increase. The supervisor did NOT believe me when I explained the paperwork I received.
I sent her the court documents outlining the debts added into support. She was dumbfounded! She had NEVER heard or seen anything close to this. I'm still AWAITING to get into court to address this and CONTACT! In the meantime, I pay.

She will also have to explain why she sold the land 3 weeks later for $1 if she was so desolute.

What actions can I take against this excuse for a woman?

 

[Deadbeat Parent]

WantedPosters man

Beware of what your attorneys say. There is always selfinterest. Each legal step should have a specific focus and goal. Example if the next date is to deal with Custody then focus on custody ONLY and do not let the lawyer go sideways.

The interest is NOT to become case law but to accomplish what the GOAL was.

Family divorce law gets complex and once you get away from the indivual issues of the individual motions and court dates, only the attorneys win.

SALTS ...... what is the EXACT focus of your meeting on the 25th. Is it money issue? is it access issue? Have an A objective and assign that to the attorney.

 

[nailtech]

Radd, I sent you an email.....

 

[raddadthomas]

Bump

Without a doubt my agenda is CONTACT!

My attorneys are focussed on this. The X's excessive litigation and malicious behavior is just more evidence of her vicious child like mentality.

Court is 26 days away and I believe my sons and I will be reunited. I know it's going to be vary tough on them understanding, where has their daddy been?

Still need advice before meeting with my attorneys tomorrow.
The more input the better...

Thanx everyone!
raddadthomas

 

[nailtech]

Ms. cutter has collected this increase since October 8th 2001
November 1st 2001 Ms. cutter signs house and 1.27 acres of land over to boyfriend ronald bigelow for $1 Preparing for bankruptcy herself.

Ms. cutter NOW files bankruptcy herself February 15th 2002
A discharge was granted May 23rd 2002

is this not bankruptcy fraud??? 3mo, and 15 days before she files she signs over a major asset and then files BK...
*******************************************
assets in someone else's name
quoted from the above link:
Can I put my assets in someone else's name before filing?
Such transfers are not effective to put your assets beyond the reach of creditors and bankruptcy trustees. Worse, such action may lead to the denial of your discharge (11 U.S.C. 727).

A bankruptcy trustee can recover assets transferred within one year of the bankruptcy filing where the debtor did not get reasonably equivalent value for the asset, or where the transfer was made with intent to hinder creditors. The "look back" period may be even longer under the law of your state, giving the trustee that same state law look back period in which to recover assets.

If you have more assets than you can protect with the available exemptions, consider filing Chapter 13 where the debtor generally keeps all of their property and "buys back" the non exempt value from the creditors through payments to the Chapter 13 trustee out of future income .

 

[raddadthomas]

Nailtech I think your right!

I really don't know of the laws of bankruptcy FRAUD.

I think you may be on to something. In any case the trustee would be curious as to why a person "CONSIDERING" bankruptcy would sell a home and land package for $1 (3 months prior to filing.)

ANY attorneys PLEASE respond to this post. I would really appreciate some legal advice before 1:00 tomorrow. If I can get other ideas from here to discuss with my attorneys would be greatfull.

Please anyone with insight, for once I'm asking for a little insight.

 

[nailtech]

you will have to go back and reread my post, I found the page I was looking for and edited my post,..... seems it is...... good luck, i'm still searching something else. will post it as soon as I find it.

 

[nailtech]

as what I wrote to you earlier about,

contesting

quoted from the above link:

The creditor spouse doesn't have to prove fraud or dishonesty; he or she must prove that discharge of the debt creates a greater hardship on the creditor spouse than excluding the debt from discharge would create for the debtor spouse.

These non support, marital debts are non dischargeable only if the creditor/spouse files an adversary proceeding within 60 days of the first meeting of creditors. (The rule for support debts is different: they are non dischargeable without action on the part of the benefited party).

still searching...

edited to add:

VOLUME 5: BANKRUPTCY FRAUD AND ABUSE ENFORCEMENT PROGRAM

still searching...

 

[nailtech]

Third party sources- Fraud

Fraudulent transfers

quoted from the above link:

5-8.3.7 Fraudulent Transfer or Concealment, 18 U.S.C. § 152(7)

"[A person who] in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation [shall be fined not more than [$250,000], or imprisoned not more than five years, or both.]"

This provision overlaps in many respects with 18 U.S.C. § 152(1). It clearly reaches acts committed before the filing of a bankruptcy petition if done in contemplation of such filing. All concealment and transfers done before filing a bankruptcy petition constitute one offense. After the filing of bankruptcy, each separate act constitutes a separate offense.

The paragraph also expressly reaches transfers of property, as well as the concealment of property. This provision is useful to reach the transfer of funds and property between related persons or corporations just before filing a bankruptcy petition.

This section can reach improper transfers or concealment of assets of a confirmed chapter 11 plan. There is no requirement in this paragraph, as there is in paragraph 1, that it involve property of the estate. The only requirement is that the concealment or transfer of property be in contemplation of, or with the intent to defeat, the provisions of title 11. U.S. v. Messner, 107 F.3d 1448 (10th Cir. 1997).

this link is from the U.S. Code: fraudulent transfers (they seem to say the same thing in everyone of them, so I guess I'm somewhat right )

TITLE 11 > CHAPTER 5 > SUBCHAPTER III > Sec. 548.

 

[bugaboo]

THANK YOU SOOOOO MUCH!!!!!!!!!!!!!!!!!!

Nailtech! We can't thank you enough!! I have spent all day yesterday searching URS statutes about Chapter 7 Bankruptcy. I was looking for the exact same thing that you found, only I could not find it! We have an appointment with Raddads atty tomarrow and can't wait to show her what you have found for us! Again thank you so much for doing the research that I have been trying to find!

Raddad said to tell you "you are awsome! Thank you"