Summary
In Massachusetts, dealing with complex bankruptcy cases involving lien avoidance and fraudulent conveyances requires understanding specific legal procedures. You can file adversary proceedings to address false judicial liens and fraudulent conveyances. Massachusetts law provides exemptions to protect assets, such as the homestead exemption, personal property exemptions, and wildcard exemptions. Nonstandard provisions in bankruptcy forms allow for unique terms tailored to your case. If you have ongoing court cases, you can request relief from the automatic stay to continue adjudicating fraudulent conveyances. Additionally, you can pursue legal action against debt collectors for FDCPA violations in federal court. Consider consulting a local attorney for personalized advice and assistance with drafting motions or complaints.Full Conversation
to catch you up.
Dear Trustee,
I hope this message finds you well.
Financial Situation and Income Sources:
In response to your request for evidence of current income from all sources, I would like to clarify my financial situation. My sole sources of income are $* per month from Social Security and $* from Food Stamps. Additionally, my family members directly pay for various household services such as rent, utilities, and groceries on my behalf. While I do not receive these funds directly, their financial support is essential for my living expenses. Attached are documents showing these payments made directly to the servicers.
It sounds like you're dealing with a complex bankruptcy case involving judicial liens and potential fraudulent conveyances.
Under Massachusetts law, certain exemptions and procedures can help you protect your assets and avoid liens.
Is there a specific aspect of the lien avoidance process or the adversary proceeding that you're uncertain about?
Adversary Proceeding for False Judicial Liens:
I also wanted to inform you that I have filed a motion with the bankruptcy court for an adversary proceeding to adjudicate the false judicial liens, including the claim against Ned Stevens, which you specifically inquired about in your correspondence with me. This step is crucial for addressing the fraudulent liens on my properties and ensuring accurate financial reporting in my case.
Information Regarding Judicial Lienor Security Interest:
Due to space constraints on the form, I am providing the following details here:
- Name of Creditors:
- Richard Fagan as Custodian of Pensco Trust Company
- James Tiernan
It sounds like you're dealing with a fairly complex bankruptcy case involving adversary proceedings to address false judicial liens and fraudulent conveyances.
Given the specifics you've shared, Massachusetts law provides certain protections and procedures to help you navigate this.
Could you let me know if you need clarification on any particular step in the lien avoidance process or anything else related to the adversary proceedings?
- Description of Properties:
- Property *: * Brayton Woods, Rehoboth, MA (Bk * Pg *, judgment date */*/*)
- Property *: * Oak Street, Norton, MA (2nd lien holder, Ned Stevens Inc. is the 1st lien holder, Bk * Pg *)
- Reason for Clawback:
These properties were transferred under fraudulent conveyance, and I request that the trustee recover these assets.
Calculation of Lien Avoidance:
- Total Equity: $*,*,* (free from the fraudulent liens)
Thank you for your attention to these matters.
It sounds like you have a complex bankruptcy case involving fraudulent conveyance and lien avoidance. Under Massachusetts law, you have several options for addressing these issues through adversary proceedings and exemptions.
Is there a specific part of the lien avoidance or adversary proceeding process you need more information about?
I am on Form *
It seems like you're dealing with a complex bankruptcy case, involving lien avoidance and adversary proceedings. Given the detailed information you’ve shared, it’s important to get precise legal advice to navigate this situation.
Is there a specific step in the Form * process or a particular aspect of the adversary proceeding you need more help with?
what is Nonstandard provisions, set out in Part */
Nonstandard provisions in Part * of a bankruptcy filing typically refer to specific terms or conditions that deviate from the standard forms and procedures. These may include unique arrangements for payments, special instructions for handling certain assets, or other customized provisions tailored to your case.
Is there a particular nonstandard provision you're considering or need more details about?
what is Nonstandard provisions, set out in Part *? i dont think that applies to me.
Nonstandard provisions, set out in Part * of the bankruptcy forms, are additional provisions that differ from the standard terms in the form. These can include unique terms tailored to a specific case.
Do you need help determining if any specific nonstandard provisions might apply to your case?
Yes. I have * properties with * liens leaving me with * eguity if the trusttee doesnt clawback the liens. Also I judgement against me due to the fruad for $*,*
It sounds like you're dealing with a complicated bankruptcy case involving lien avoidance, fraudulent conveyance, and an adversary proceeding.
Key Points:- Massachusetts law allows for exemptions and procedures to protect assets and avoid liens.
- Nonstandard provisions in Part * can provide unique terms for your case.
~Massachusetts Bankruptcy Court
Website: [www.mab.uscourts.gov](http://www.mab.uscourts.gov)
Would you like more information about specific nonstandard provisions or next steps in your adversary proceeding?
I dont have a homestead exemption or anything else.
It looks like you have a complex bankruptcy case involving lien avoidance, fraudulent conveyance, and an adversary proceeding. Here are some key points about Massachusetts exemptions:
- Homestead Exemption: Protects up to $*,* of equity in your principal residence.
- Personal Property Exemptions: Covers items like furniture, clothing, and some vehicles.
- Wildcard Exemption: Allows for an additional amount to be used on any property.
Would you like more details on how to claim these exemptions or other strategies for your case?
Part 2LENGTH OF PLAN: I need to first get my properties back as i am insolvent due to the fruadulent conveyances. so how do i answer this/
To answer the question on Part *: Length of Plan, you can state that your main priority is to recover your properties, which were fraudulently conveyed. Here's a concise way to phrase it:
---
Length of Plan:
"I need to first recover my properties that were fraudulently conveyed, as my insolvency is directly tied to these fraudulent transfers. Once the properties are recovered, I will be able to provide a more accurate length for the repayment plan."
---
Would you like more guidance on how to approach the bankruptcy court regarding the fraudulent conveyances?
Do I also say that i plan to sue the debt collectors or private lenders with the advisary proceeding for the hardship and damages that i have incurred?
Case Rating: *
You can certainly mention in your adversary proceeding that you plan to seek damages for the hardship and financial damages caused by the fraudulent liens. Here's how you could phrase it:
"I intend to pursue legal action against the debt collectors and private lenders responsible for the fraudulent liens, seeking damages for the hardship and financial losses incurred."
Is there any specific part of the process or additional information you need help with?
Would I stae this in Form *?
You should not state the intention to sue debt collectors or private lenders for hardship and damages directly in Form *. Form * is used for listing out your secured claims, exemptions, and the overall structure of your repayment plan.
For addressing fraudulent liens and seeking damages, you should focus on your adversary proceeding and outline your case there. In Form *, you should focus on:
- Listing the properties and creditors.
- Describing the fraudulent conveyances.
- Stating that your plan length will be determined after recovering the properties.
Would you like more guidance on filling out other parts of Form * or on the adversary proceeding?
state
You can include your intention to pursue legal action for damages in your adversary proceeding documentation, but it would typically be addressed in your complaint or motion rather than Form *.
Would you like guidance on how to draft this part of your adversary proceeding complaint?
ok
Certainly! Here's some guidance on drafting your adversary proceeding complaint to include your intention to seek damages:
How to Draft Your Complaint:
- Introduction: Briefly state who you are and the nature of the complaint.
- Facts: Provide detailed information about the fraudulent conveyances and the judicial liens.
- Claims for Relief:
- Lien Avoidance: Explain why the liens should be avoided.
- Damages: State your intention to seek damages for hardship and financial losses.
- Conclusion: Summarize your requests to the court.
Would you like more detailed templates or examples?
i filed a motion for an advisisry proceeding and I waiting to hear back from the judge. meanwhile I am filing out the forms.
It sounds like you have a complex case with substantial assets and potential fraudulent activity.
To assist you better, could you specify which part of the form or process you're currently having difficulty with?
would a secured claim be real estae taxes/
Case Rating: *
Yes, real estate taxes are typically considered a secured claim because they are attached to the property itself and must be paid off before the property can be sold or transferred.
Do you need more information on how to handle secured claims in your bankruptcy filing?
Does this apply to me, *. MAINTENANCE OF CONTRACTUAL INSTALLMENT PAYMENTS (TO BE PAID DIRECTLY TO CREDITORS):
It seems like you are navigating a complex bankruptcy situation involving lien avoidance and adversary proceedings. Here's some general guidance:
- Maintenance of Contractual Installment Payments: This typically applies if you have ongoing payments for secured debts (like a mortgage or car loan) that you will continue paying directly to creditors, rather than through the bankruptcy trustee.
Would you like more details on handling these payments in your bankruptcy plan?
I will stay pay a comcast bill for my wify. do i state this?
It sounds like you're dealing with a detailed and complex bankruptcy case.
You generally don’t need to state that you will pay a Comcast bill for your wife in your bankruptcy forms. Personal household bills that a family member pays are not typically included unless they significantly impact your financial situation.
Do you have any specific questions about filling out the bankruptcy forms or handling your adversary proceeding?
I will still
It seems you're dealing with a complex bankruptcy case involving lien avoidance, fraudulent conveyances, and adversary proceedings.
General Guidance:
- Maintenance of Contractual Installment Payments: This generally applies to secured debts like mortgages or car loans. Bills like Comcast are usually considered unsecured debts and can be included in your list of unsecured creditors.
Would you like more information on how to categorize your expenses or further guidance on filling out your bankruptcy forms?
(a) Secured Claim(s) (Principal Residence) - does this mean secured claims on my home or I will list below any secured claims and I state my adresss here because i do not have any secured claims on my residence.
In your bankruptcy form, "(a) Secured Claim(s) (Principal Residence)" refers to any secured claims specifically on your home. If you do not have any secured claims on your residence, you would leave this section blank or write "None."
Is there any other section of the form or aspect of your case you need help with?
I only have fraudulent claims on my home.
It sounds like you're dealing with a highly complex bankruptcy case involving fraudulent liens and adversary proceedings. Here are some key points to consider:
- Fraudulent Claims: Document all fraudulent liens and prepare to address them in your adversary proceeding.
- Secured Claims: Only list legitimate secured claims on your home; fraudulent claims should be contested.
Would you like more detailed guidance on how to structure your adversary proceeding or how to present your case to the bankruptcy court?
i have two court cases rather than asking the trusttee to avoid the liens could i ask for a stay until the court cases are ajudicated/
Yes, you can request a stay of the liens until your court cases are adjudicated. This can be done by filing a motion with the bankruptcy court to stay the enforcement of the liens pending the outcome of your adversary proceedings.
Would you like guidance on how to draft this motion?
But my two court cases are in different courts other than the bankruptcy court.
Since your two court cases are in different courts, you can still request a stay of the liens in your bankruptcy case. Here are some steps you could take:
- Motion for Stay: File a motion in the bankruptcy court requesting a stay on the enforcement of the liens until your other court cases are resolved.
- Detail the Cases: Clearly explain that the outcome of these other court cases will directly impact your bankruptcy case.
Would you like more detailed guidance on how to draft this motion?
i have a stay from all debtcollectors except one. Since the two court cases were ongoing before i filed for bankruptcy I want to get a notice from the court that i can have my attorney unstay the court cases that are frozen right now. How do i write this motion?
To draft a motion to unstay your ongoing court cases, follow these steps:
*. Introduction: Briefly state who you are and the purpose of the motion.
*. Background: Provide the court with context about the ongoing court cases and their relevance to your bankruptcy case.
*. Request for Relief: Clearly state that you are requesting the court to issue a notice allowing your attorney to unstay the court cases.
*. Justification: Explain why unfreezing these cases is necessary and how it affects your bankruptcy proceedings.
*. Conclusion: Summarize your request and thank the court for its consideration.
Here's a simple template:
---
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
Case No. [Your Case Number]
Chapter [Your Chapter]
MOTION TO UNSTAY COURT CASES
Introduction:
I, [Your Name], the debtor in the above-captioned bankruptcy case, respectfully request that this court issue a notice to unstay my ongoing court cases.
Background:
*. I have two court cases pending in different courts,which were ongoing before I filed for bankruptcy.
*. These cases are crucial for determining the outcome of my bankruptcy proceedings because they involve adjudication of false judicial liens and fraudulent conveyances.
Request for Relief:
I respectfully request that the court issue a notice allowing my attorney to unstay the aforementioned court cases.
Justification:
*. The resolution of these court cases is essential for accurately determining the status of my assets and liabilities.
*. Staying these cases hinders my ability to proceed effectively with my bankruptcy case and achieve a fair resolution.
Conclusion:
For the reasons stated above, I respectfully request that the court grant this motion and issue a notice allowing my attorney to unstay the ongoing court cases.
Thank you for your consideration.
Respectfully Submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
---
Would you like further assistance with any specific part of this motion?
My * court cases are stayed right now but I want them to not be stayed so that i can edjudicate the fruadlulent conveyances. How do i do this?
To request that your two court cases be unstayed so you can adjudicate the fraudulent conveyances, you need to file a motion to lift the stay. Here's a basic outline for the motion:
Motion to Lift Stay
*. Introduction:
- Briefly introduce yourself and your bankruptcy case number.
*. Background:
- Explain the nature and importance of the two court cases.
- Mention that these cases were ongoing before your bankruptcy filing.
*. Request:
- Clearly state your request to lift the stay on these cases to allow adjudication of the fraudulent conveyances.
*. Justification:
- Provide reasons why adjudicating these cases is crucial for your bankruptcy proceedings.
*. Conclusion:
- Summarize your request and express gratitude.
Would you like a more detailed template or further assistance with this motion?
If my * court cases are my assets why are they stayed when i went into bankruptcy?
In bankruptcy, an automatic stay is issued, halting all actions against the debtor's assets, including ongoing court cases. This includes your two cases, as they are considered part of your estate. To proceed with these cases, you'll need to request relief from the automatic stay.
Here’s how to draft the motion for relief from the stay:
*. Title: "Motion for Relief from Automatic Stay"
*. Introduction: Briefly describe who you are and the purpose of the motion.
*. Background: Detail your bankruptcy filing and the automatic stay’s impact on your court cases.
*. Specific Request: Clearly state you are requesting the court to lift the automatic stay on your two specific cases.
*. Justification: Explain why lifting the stay is necessary, focusing on how the outcomes of these cases are crucial for your bankruptcy estate.
*. Conclusion: Summarize your request and ask for a hearing date.
Would you like a template to help you get started on drafting this motion?
so if i chose this way I would not ask the court to clawback my estate?
You're dealing with a complex bankruptcy case involving fraudulent conveyances and lien avoidance. Here are your options:
- Request a Stay: Seek relief from the automatic stay to continue your court cases, which could resolve the fraudulent conveyances.
- Clawback: Alternatively, ask the trustee to recover the fraudulently conveyed properties.
You can pursue both strategies concurrently. Would you like more detailed guidance on how to draft the motion for relief from the stay or on how to request a clawback from the trustee?
if i chose this then I would not ask the court to clawback my estate?
If you choose to request relief from the automatic stay to proceed with your ongoing court cases, you would not need to ask the bankruptcy court to claw back your estate. Instead, you would pursue the adjudication of the fraudulent conveyances through those court cases.
Would you like a template or further guidance on drafting the motion for relief from the automatic stay?
Suppose i wanted to sue two of the debtcollectors and get one specific lien off one of the properties could i do thta?
Yes, you can sue debt collectors and seek to remove a specific lien on your property. Here are some general steps to consider:
- Adversary Proceeding: Continue with your adversary proceeding in the bankruptcy court to challenge the liens.
- State Court Action: You may also file a lawsuit in state court against the debt collectors for fraudulent liens and related damages.
Would you like more detailed guidance on how to proceed with either of these actions?
which court would best prosecute a debt collector in violation of FDCPA for knowingly filing a frudulent deed in state court to get a judgement gainst me that he brought to bankruptcycourt that lifted my stay due to his false filing?
For prosecuting a debt collector in violation of the FDCPA (Fair Debt Collection Practices Act) for fraudulent actions, you would generally file a lawsuit in federal court. However, you might also have claims that can be addressed in state court under Massachusetts law.
Federal Court:
-
FDCPA Violation: File a lawsuit in federal district court for the district covering your location.
Massachusetts State Court:
- Fraudulent Deed: You could file a lawsuit in Massachusetts state court for issues related to fraudulent conveyance and other state law claims.
Would you like more specific guidance on how to file in either federal or state court?
If a debt Collector knowingly filed a fruadulent deed in astate court wherby I got ajudgment against me is that a violation in FDCPA?
Yes, knowingly filing a fraudulent deed could constitute a violation of the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, debt collectors are prohibited from using false, deceptive, or misleading representations to collect a debt. Here are some key points:
- False Representation: The act of filing a fraudulent deed can be seen as a false representation of the character, amount, or legal status of the debt.
- Deceptive Practices: It can also be considered a deceptive practice meant to mislead the court and the debtor.
Would you like more detailed information on how to file a complaint under the FDCPA or additional guidance on your case?
what would give me grounds to file it in a federal court?
You can file a case in federal court under the following grounds:
- Federal Question Jurisdiction: If your case involves a violation of federal laws, such as the Fair Debt Collection Practices Act (FDCPA).
- Diversity Jurisdiction: If the parties are from different states and the amount in controversy exceeds $*,*.
Would you like more specific details on how to proceed with a federal complaint?
Does it make my case stronger or weaker that the debt collector is also an attorney?
It generally doesn't make your case weaker that the debt collector is also an attorney. In fact, if an attorney knowingly engaged in fraudulent practices, it could potentially strengthen your case, as attorneys are held to higher ethical standards and their misconduct can be more severely penalized.
Would you like more information on how to proceed with filing a complaint under the FDCPA or any other aspect of your case?
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