TRY ME!
Chapter 7 Adversary Defense
Summary
In a Chapter 7 bankruptcy adversary proceeding, the plaintiff alleges fraud based on a promissory note and financial projections. The debtor denies any relationship with the lender and presents affidavits, bank statements, and documentation to support their defense. The judges concerns focus on the authentication of evidence. To strengthen the case, the debtor should ensure affidavits are notarized, bank statements are certified, and all documents are well-organized. Addressing the judges specific concerns and focusing on the lack of evidence from the plaintiff can aid in filing a motion to dismiss or for summary judgment. Consider consulting a local attorney for personalized legal advice.Full Conversation
I, the debtor, have never spoken to or had any relationship with the alleged lender. Financials were based entirely on industry standards for similar startups. Bank statements show no deposit from the lender, and I have affidavits from * people confirming no relationship exists. The only funds I received came from a third party (a family member involved in the business), who received financials each month, approved them, then sent the funds. The lender is claiming misuse of funds, but no funds came from them. This is a junk filing. When I mentioned retaining counsel and deposing the plaintiff, they shifted to wanting mediation. The judge denied my first motion due to filing errors but noted the key issue is "who actually lent the money" and the personal guarantee. The promissory note required all funds to go into my account, which never happened. I need guidance on the best evidence to file for summary judgment or dismissal — I have extensive documentation.
It sounds like you have a solid defense. Here are some pointers for your summary judgment or dismissal motion:
- Affidavits: Include the affidavits from the * people confirming no relationship with the alleged lender.
- Bank Statements: Present bank statements showing no deposit from the lender and proving funds came from a third party.
- Promissory Note: Highlight the requirement for funds to go into your account, which didn't happen.
- Documentation: Compile all financial documents and communication with your family member, showing their involvement and the approval process.
Would you like assistance in connecting with local lawyers who can better assist you with your case?
- Affidavits: Include the affidavits from the * people confirming no relationship with the alleged lender.
- Bank Statements: Present bank statements showing no deposit from the lender and proving funds came from a third party.
- Promissory Note: Highlight the requirement for funds to go into your account, which didn't happen.
- Documentation: Compile all financial documents and communication with your family member, showing their involvement and the approval process.
Would you like assistance in connecting with local lawyers who can better assist you with your case?
yes
Great! Let's get you connected with a local lawyer who can assist you further.
Could you please provide:
*. Your phone number?
*. Your name?
*. Your zipcode?
Feel free to include your email if you wish.
Could you please provide:
*. Your phone number?
*. Your name?
*. Your zipcode?
Feel free to include your email if you wish.
*.*.*
Case Rating: *
Great! Let's proceed to gather the necessary details to connect you with a local lawyer who can assist with your case.
What is your name?
Great! Let's proceed to gather the necessary details to connect you with a local lawyer who can assist with your case.
What is your name?
nick cornett
Case Rating: *
Thank you, Nick. Could you please provide your zipcode?
Thank you, Nick. Could you please provide your zipcode?
*
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly.
For your records below is the information I gathered
Name: nick cornett
Email: *.*.9322none@none.com
Phone: *.*.*
Zipcode: *
Reason: Personal Chapter * BK, and an adversary proceeding alleging debtor got a business loan from them with no personal guarantee, but they committed fraud so suing them personally.
From: FreeLawChatAi
Is there anything else I can help you with?
chapter * was discharged, just need help with adversary proceeding.
Case Rating: *
Nick, I have noted your information and your Chapter * discharge. For the adversary proceeding:
- Include the affidavits from the * people confirming no relationship with the alleged lender.
- Present bank statements showing no deposit from the lender.
- Highlight the promissory note's requirement for funds to go into your account, which didn't happen.
- Compile all financial documents and communication with your family member.
Is there anything else specific you need assistance with?
Nick, I have noted your information and your Chapter * discharge. For the adversary proceeding:
- Include the affidavits from the * people confirming no relationship with the alleged lender.
- Present bank statements showing no deposit from the lender.
- Highlight the promissory note's requirement for funds to go into your account, which didn't happen.
- Compile all financial documents and communication with your family member.
Is there anything else specific you need assistance with?
the reason you are providing lawyer is not accurate, I did NOT commit fraud, but they claim I did and need help with that.
Case Rating: *
Nick, I understand the situation better now. It's important to clarify that you are defending against fraud allegations. Here's what you should focus on:
- Gather and organize all evidence showing no personal relationship with the plaintiff.
- Highlight any inconsistencies or lack of evidence on the plaintiff's part.
- Emphasize the third-party funding and lack of deposits from the lender.
Would you like more detailed guidance on preparing your defense, or do you need help with any specific legal documents?
Nick, I understand the situation better now. It's important to clarify that you are defending against fraud allegations. Here's what you should focus on:
- Gather and organize all evidence showing no personal relationship with the plaintiff.
- Highlight any inconsistencies or lack of evidence on the plaintiff's part.
- Emphasize the third-party funding and lack of deposits from the lender.
Would you like more detailed guidance on preparing your defense, or do you need help with any specific legal documents?
I have one more question, they were very aggressive and saying we want trial and they are taking it all the way...But when I agreed trial was the way to go, as well and my conference statement I said I planned to depose the plaintiff, and request phone records as well as past zoom meetings. They now don't want trial, they want mediation, which would be me agreeing to settle, but I do not owe them anything, especially personally, so why would I agree to mediation? Is that a sign they know they have a weak case?
Case Rating: *
It does sound like they might have a weak case and are trying to avoid the costs and risks of a trial. Mediation can sometimes be a strategic move to settle quickly. If you're confident in your evidence, you might consider continuing with the trial.
Would you like more detailed guidance on how to proceed in preparing for trial?
It does sound like they might have a weak case and are trying to avoid the costs and risks of a trial. Mediation can sometimes be a strategic move to settle quickly. If you're confident in your evidence, you might consider continuing with the trial.
Would you like more detailed guidance on how to proceed in preparing for trial?
I would like information on creating a bullet proof motion to dismiss, or summary judgement. what would help you help me? Would the result of the last one I filed help, or does it matter?
Case Rating: *
For a successful motion to dismiss or summary judgment, here are some tips:
- Affidavits: Include the affidavits from the * witnesses confirming no relationship with the lender.
- Bank Statements: Show evidence of no deposits from the lender.
- Promissory Note: Highlight the requirement for funds to be deposited into your account, which didn’t happen.
- Documentation: Compile all financial documents and communications with your family member showing they provided the funds.
- Previous Motion Result: Yes, including the judge's notes from the previous motion could be helpful to address any prior filing errors and focus on the key issues identified.
Would you like more detailed guidance on preparing these documents?
For a successful motion to dismiss or summary judgment, here are some tips:
- Affidavits: Include the affidavits from the * witnesses confirming no relationship with the lender.
- Bank Statements: Show evidence of no deposits from the lender.
- Promissory Note: Highlight the requirement for funds to be deposited into your account, which didn’t happen.
- Documentation: Compile all financial documents and communications with your family member showing they provided the funds.
- Previous Motion Result: Yes, including the judge's notes from the previous motion could be helpful to address any prior filing errors and focus on the key issues identified.
Would you like more detailed guidance on preparing these documents?
When he said in the denial that he "still has a couple questions/concerns" should I focus on those?
Case Rating: *
Yes, you should definitely focus on those questions/concerns mentioned by the judge in the denial. Addressing them directly will strengthen your motion. Here's a concise guide:
- Judge's Concerns: Clearly address each concern or question raised by the judge.
- Evidence: Ensure all your evidence is well-organized and directly addresses these points.
- Clarity: Be concise and clear in your explanations.
Do you need any specific guidance on addressing the judge’s concerns?
Yes, you should definitely focus on those questions/concerns mentioned by the judge in the denial. Addressing them directly will strengthen your motion. Here's a concise guide:
- Judge's Concerns: Clearly address each concern or question raised by the judge.
- Evidence: Ensure all your evidence is well-organized and directly addresses these points.
- Clarity: Be concise and clear in your explanations.
Do you need any specific guidance on addressing the judge’s concerns?
Yes I will upload the results for your review in a minute and we can discuss my response.
Case Rating: *
It sounds like you have a strong defense and significant evidence to support your case. Addressing the judge's concerns directly is crucial for your motion.
Could you share the specific questions or concerns the judge raised in the denial? This will help me provide more detailed guidance on how to address them effectively.
It sounds like you have a strong defense and significant evidence to support your case. Addressing the judge's concerns directly is crucial for your motion.
Could you share the specific questions or concerns the judge raised in the denial? This will help me provide more detailed guidance on how to address them effectively.
PLEASE SEE ATTACHED TENITIVE RULING FOR THE MOTIONS I FILED. CLEARLY I HAVE NO EXPERIENCE DOING THIS, BUT I WANTED TO AT LEAST TRY. IT WOULD NOT HURT ANYTHING, COULD YOU PLEASE REVIEW IT, AND ADVISE THE BEST WAY TO RESUBMIT ANOTHER MOTION?
Case Rating: *
Based on the tentative ruling, here are some steps to help you resubmit your motion:
- Address Judge's Concerns:
- Ensure compliance with Local Bankruptcy Rule *-* by using the specific Eastern District of California Certificate of Service Form (Form EDC *-*).
- Affidavits:
- Include the affidavits from the * witnesses to confirm no relationship with the alleged lender.
- Bank Statements:
- Provide bank statements showing no deposit from the alleged lender, and evidence that funds came from a third party.
- Promissory Note:
- Highlight the requirement for funds to go into your account, which didn't happen.
- Documentation:
- Compile all financial documents and communication with your family member, showing their involvement and the approval process.
Would you like more detailed guidance on any specific part of your motion?
Based on the tentative ruling, here are some steps to help you resubmit your motion:
- Address Judge's Concerns:
- Ensure compliance with Local Bankruptcy Rule *-* by using the specific Eastern District of California Certificate of Service Form (Form EDC *-*).
- Affidavits:
- Include the affidavits from the * witnesses to confirm no relationship with the alleged lender.
- Bank Statements:
- Provide bank statements showing no deposit from the alleged lender, and evidence that funds came from a third party.
- Promissory Note:
- Highlight the requirement for funds to go into your account, which didn't happen.
- Documentation:
- Compile all financial documents and communication with your family member, showing their involvement and the approval process.
Would you like more detailed guidance on any specific part of your motion?
IF I UNDERSTAND THE TENT RULING, IT ACTUALLY READS TO ME AS IF THE JUDGE IS NOT SAYING HE WOULD NOT GRANT A DISSMISSAL OR SUMMARY JUGDGEMENT...THE ACTUAL ISSUE IS I INCLUDED BANK STATMENTS, AND AFFIDAVITS, BUT I GUESS I DID NOT AUTHENTICATE THEM CORRECTLY, THEREFORE THEY WERE NOT SEEN, OR ACCEPTED. HOW COULD I ENSURE EACH PIECE OF EVIDENCE IS AUTHENTICATED BY ME CORRECTLY AND EASY TO READ & FOLLOW. COULD YOU PLEASE PREPARE A MOTION TO DISSMISS, OR SUMMARY JUDGEMENT AND SHOW ME HOW IT SHOULD LOOK AND PROPERLY LAID OUT?
Case Rating: *
To ensure each piece of evidence is authenticated correctly, follow these steps:
*. Affidavits:
- Have each affidavit signed and notarized.
- Include a statement from the witness that they have personal knowledge of the facts.
*. Bank Statements:
- Obtain certified copies from the bank.
- Attach a declaration from the bank representative attesting to the authenticity.
*. Promissory Note:
- Include the original or a certified copy.
- Highlight key sections and provide a summary in your motion.
*. Documentation:
- Organize all documents chronologically.
- Attach a cover sheet summarizing the contents of each exhibit.
- Content: Certified copies of bank statements from [Bank Name] for the period of [Start Date] to [End Date].
- Summary: Statements show no deposits from the alleged lender and evidence that funds came from a third party.
Exhibit C: Promissory NoteTo ensure each piece of evidence is authenticated correctly, follow these steps:
*. Affidavits:
- Have each affidavit signed and notarized.
- Include a statement from the witness that they have personal knowledge of the facts.
*. Bank Statements:
- Obtain certified copies from the bank.
- Attach a declaration from the bank representative attesting to the authenticity.
*. Promissory Note:
- Include the original or a certified copy.
- Highlight key sections and provide a summary in your motion.
*. Documentation:
- Organize all documents chronologically.
- Attach a cover sheet summarizing the contents of each exhibit.
Sample Motion Layout:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re:
[Your Name], Debtor.
Case No.: [Case Number]
[Your Name],
Plaintiff,
v.
[Plaintiff’s Name],
Defendant.
Adv. No.: [Adversary Number]
NOTICE OF MOTION AND MOTION TO DISMISS ADVERSARY PROCEEDING OR FOR SUMMARY JUDGMENT
TO THE HONORABLE [Judge’s Name], UNITED STATES BANKRUPTCY JUDGE:
INTRODUCTION
[Briefly introduce the motion, stating the relief you seek and the grounds for the motion.]
FACTUAL BACKGROUND
[Provide a summary of the relevant facts, supported by evidence.]
ARGUMENT
*. Legal Standard
[Briefly describe the legal standards for a motion to dismiss and summary judgment.]
*. Application to Facts
[Apply the legal standards to the facts of your case, addressing each claim made by the plaintiff.]
EVIDENCE
[List and authenticate each piece of evidence.]
- Exhibit A: Affidavit of [Witness Name]
- [Attach affidavit, signed and notarized.]
- Exhibit B: Bank Statements
- [Attach certified copies with a bank representative’s declaration.]
- Exhibit C: Promissory Note
- [Attach original or certified copy, highlight key sections.]
- Exhibit D: Documentation
- [Attach all financial documents and communications, with a cover sheet summarizing the contents.]
CONCLUSION
[Summarize why the court should grant your motion.]
Dated: [Date]
Respectfully submitted,
[Your Signature]
[Your Name]
---
Would you like more detailed guidance on any specific part of your motion?
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re:
[Your Name], Debtor.
Case No.: [Case Number]
[Your Name],
Plaintiff,
v.
[Plaintiff’s Name],
Defendant.
Adv. No.: [Adversary Number]
NOTICE OF MOTION AND MOTION TO DISMISS ADVERSARY PROCEEDING OR FOR SUMMARY JUDGMENT
TO THE HONORABLE [Judge’s Name], UNITED STATES BANKRUPTCY JUDGE:
INTRODUCTION
[Briefly introduce the motion, stating the relief you seek and the grounds for the motion.]
FACTUAL BACKGROUND
[Provide a summary of the relevant facts, supported by evidence.]
ARGUMENT
*. Legal Standard
[Briefly describe the legal standards for a motion to dismiss and summary judgment.]
*. Application to Facts
[Apply the legal standards to the facts of your case, addressing each claim made by the plaintiff.]
EVIDENCE
[List and authenticate each piece of evidence.]
- Exhibit A: Affidavit of [Witness Name]
- [Attach affidavit, signed and notarized.]
- Exhibit B: Bank Statements
- [Attach certified copies with a bank representative’s declaration.]
- Exhibit C: Promissory Note
- [Attach original or certified copy, highlight key sections.]
- Exhibit D: Documentation
- [Attach all financial documents and communications, with a cover sheet summarizing the contents.]
CONCLUSION
[Summarize why the court should grant your motion.]
Dated: [Date]
Respectfully submitted,
[Your Signature]
[Your Name]
---
Would you like more detailed guidance on any specific part of your motion?
COULD YOU PLEASE GIVEAttach a cover sheet summarizing the contents of each exhibit. ME AN EXAMPLE OF
Case Rating: *
Certainly! Here is an example of a cover sheet summarizing the contents of each exhibit:
---
- Content: Signed and notarized affidavit by John Doe.
- Summary: John Doe confirms no relationship with the alleged lender and verifies the facts stated in the motion.
Exhibit B: Bank StatementsCertainly! Here is an example of a cover sheet summarizing the contents of each exhibit:
---
Exhibit Cover Sheet
Exhibit A: Affidavit of John Doe- Content: Signed and notarized affidavit by John Doe.
- Summary: John Doe confirms no relationship with the alleged lender and verifies the facts stated in the motion.
- Content: Certified copies of bank statements from [Bank Name] for the period of [Start Date] to [End Date].
- Summary: Statements show no deposits from the alleged lender and evidence that funds came from a third party.
- Content: Original or certified copy of the promissory note.
- Summary: Highlights the requirement for funds to be deposited into your account, which did not happen.
- Content: Chronologically organized financial documents and communications.
- Summary: Includes detailed monthly cash-flow statements and communication with the family member who provided the funds.
---
Would you like more detailed guidance on any specific part of your motion?
Start a new chat