Judge says there are TEN GROUNDS

[anabanana]

What is the name of your state? FL

We had the preliminary hearing today on my Motion to Dismiss my ex's bankruptcy. I'm trying to fight this bankruptcy pro se. It's hell. I'm such a joke in there, I can't believe I've made it this far.

That said, today I didn't even have to finish explaining the first of my four points that I believe show the fraud of the filing, before the judge went ahead and set it for trial, but then he told me there are TEN GROUNDS for dismissal, and he pulled out a book and said it's listed in this n' that, thus n' such, the TEN GROUNDS for dismissal, and he cited some chapter and verse My pen went dead, I couldn't write down what he said, couldn't see the book he was referencing.

I got the distinct impression he is giving me some very subtle, kind direction. He did this once before. But I have to prepare for TRIAL now (HA!) and I'm just gonna get creamed...

What are the TEN GROUNDS?? Where do I find them?

tnx.

 

[HomeGuru]

What is the name of your state? FL

We had the preliminary hearing today on my Motion to Dismiss my ex's bankruptcy. I'm trying to fight this bankruptcy pro se. It's hell. I'm such a joke in there, I can't believe I've made it this far.

That said, today I didn't even have to finish explaining the first of my four points that I believe show the fraud of the filing, before the judge went ahead and set it for trial, but then he told me there are TEN GROUNDS for dismissal, and he pulled out a book and said it's listed in this n' that, thus n' such, the TEN GROUNDS for dismissal, and he cited some chapter and verse My pen went dead, I couldn't write down what he said, couldn't see the book he was referencing.

I got the distinct impression he is giving me some very subtle, kind direction. He did this once before. But I have to prepare for TRIAL now (HA!) and I'm just gonna get creamed...

What are the TEN GROUNDS?? Where do I find them?

tnx.

**A: start by doing a google search using bankruptcy fraud. Read the Federal and state BK laws. Keep digging and searching. What book was he reading from? Go to the library (regular or law) and ask for the reference book.

 

[anabanana]

Right. I've done TONS of research so far, but I doubt I'm ever going to find it tidily packaged up for me: here are the TEN GROUNDS for dismissing a bankruptcy...

I couldn't see the book he picked up, so I was hoping for a little direction as to what it might have been, because if I had a clue about that, I could go to the library.

Any suggestions, anyone? Or ideas about where else a non-lawyer might quickly find those summarized?

ae

 

[earl618]

ten days to file grounds for dismissal

There are many grounds, might the judge have said you have ten days to file grounds?

 

[anabanana]

No, he said TEN specific GROUNDS, like categories, or bases for requesting dismissal, and he held up his fingers and started to tick them off, but only got up to three: fraud, viability (I think that's what he said--he has a very heavy accent) and I missed the third because I was scrambling to make my stupid pen work, and then he closed the book and told me I have to state my grounds, not just give evidence...

Anyone? Help!

 

[azgrandpa]

Since the "legal minds" on this site aren't answering your question; I have to assume they consider the answer to your question, "legal advice"!

So, not being a graduate of law school OR an "officer of the court"; it is impossible for me to give "legal advice".

Therefore, I will offer this answer to your question:

I believe the Trustee is saying that the motion must contain, first, the grounds for your motion; then you must support those grounds with the evidence that will prove those grounds.

I do not believe he is saying you need all 10 Grounds to grant your motion. He just has to insist that you provide a motion that adheres to the legal requirements.

Now, most of the grounds for requesting a dismissal can be found in NOLO's book, "How to File For Chapter 7 Bankruptcy". (Your local library might have a copy or go to www.nolo.com to order a copy.
As you mentioned; the GROUNDS are not all located in a 1-2-3 manner! However, go to the Index and look for DISMISSAL, "grounds for", & "requesting".

Hope this is in time and helps out.

If this answer is way out of line; I'm sure the "legal minds" will be happy to jump all over it!!

 

[anabanana]

FL

Thanks, Grandpa. Actually, it was the judge himself, and what he told me was that I was giving him evidence, and I hadn't established the GROUNDS for dismissal. He was not saying that I needed all ten grounds, but of the ten acceptable grounds, I needed to establish that one was relevant to this case, and then support that with the evidence. He basically told me I have the facts, but I don't have the law... I'll check the Nolo book. This is a Chap. 13, but if their Chap 7 version has it, I'm sure the other will have whatever's relevant for Chap. 13 dismissals.

 

[Ladynred]

AZgrandpa is correct, you should have/need to state the grounds behind your Motion to Dismiss. If that was not in your motion, then that's what the judge wants to see. You already have the supporting documentation, now state the basis for your case.

I'll check around in my ton of links and see if I can find anything different for a CH 13 vs. a 7.

 

[anabanana]

it's fraud

Well, I guess what's got me a bit stymied now is that it's pretty clear that a debt INCURRED through fraud is not dischargeable. But it's not clear about if the BANKRUPTCY filing itself is fraudulent. That's what I'm working toward...

 

[Ladynred]

Sure sounds like bankruptcy fraud to me.. the shuffling of assets and lying on the forms should be enough of a red flag.

 

[anabanana]

Okay, I thought this was clear enough in my motion to dismiss:

"Comes now, creditor Anabana, and requests this court dismiss the above-captioned bankruptcy filing because the debtor has filed a fraudulent bankruptcy, and in support, the Creditor states as follows: ... "

And then I go into ennumerating the points of fact and evidence and documents I have that refute the statements in the debtor's schedules.

Sooo ... "because the debtor has filed a frudulent bankruptcy," ... isn't that stating the grounds?

 

[Ladynred]

Not according to the law, no. Without specifying the exact grounds for dismissal, your claim that it is fraudulent is merely your belief. The judge wants specifics - some of those 10 grounds he mentioned.

 

[anabanana]

But one of the grounds IS fraud. Do I have to cite a statute?

And it seems to me that citing grounds in a pleading is always an opinion, albeit a legal opinion, subsequently supported by points of fact and documentary evidence, right?