Expert: Mark J. Markus- California Bankruptcy Attorney - 10/1/2007

Question
HI Mark, I'm hoping you can help. I was awarded a judgement. It had to do with a breech in contract on real estate in MI. I just wanted a small settlement, because my mom had cancer and I did not want to go to trial. They forced it to trial. I won a much larger judgement. 60,000. These people within a matter of a couple weeks, went bankrupt. These people testified to the assets they had. Based on that they should have NEVER been able to claim. I  got the impression the whole time at the trial, they did not care if they won or lost. I found out after the trial that the lawyers they had hired from the beginning, were bankruptcy attorneys. That was also odd. They were granted there bankruptcy even though the trustee had found they paid 10,200.00 to a credit card co. after the bankruptcy was started. Any letters I did happen to receive about this was sent to my old address, they (their attorneys and court)knew I was not living at during the trial. I have not lived there in about 1 1/2 yrs. Come to find out I didn't receive 3 I was suppose to get. These people took full advantage of the courts. ( or they knew someone). Without my judgement they would not have ever came close to being able to claim, which I did point out to the courts,but it fell on deaf ears I guess. Can and what can I do.               Thanks Laurie

Answer
I'm not sure what your issues are.  Are you saying that if you'd gotten a notice of the bankruptcy case, you would have objected to the discharge of the debt?  If so, on what basis?  Did they commit fraud, or was it just a straight breach of contract?  If it's just breach of contract, it doesn't sound like you had a basis to object on those grounds.   If you think they lied on their bankruptcy papers and you can prove they had assets that weren't disclosed, you should contact the Chapter 7 Trustee and the US Trustee's office in that district and provide them the evidence you have.  If material, they could have their discharge revoked.