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Using bankruptcy court against a lava flow
#3
quote:
Originally posted by pbmaise

I can relate my knowledge of being in bankruptcy court in Hawaii. My legal opponent tried to use it to escape from my judgments against him.

This is termed fleeing into bankruptcy court.

It is in Honolulu. There are a few standardized forms to fill in and instructions to me were easily understood.

Assets and debts, income and payments were simple to fill in.

My opponent hired a hack attorney for about $250-$500 to fill in forms he could have done himself.

I personally attended the hearing of his case and was allowed to speak as to why he could not file.

I won.

Bankruptcy was denied to him as he had already sold his home and my judgment was garnishing a Purchase Money Mortgage he made with new buyer.
Thus he was unable to protect that asset from my claim.

Filing for protection against a lender that has a mortgage against a property will be interesting especially if you, like 98% of borrowers, were required to buy a lender's title insurance policy.

Courts are charged with preservation of estate and would likely ask why the lender was seeking recourse against the borrower when they were already insured and could file a claim.

Further I think the Court would look favorable upon someone arriving owing to no personal fault of his own.

I will be considering using it personally.

Sad, so very sad. It appears that nobody wants to take responsibility for their actions or decisions. I am ashamed, in a way.

Ono - So Fast - So Tasty!
Ono - So Fast - So Tasty!
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RE: Using bankruptcy court against a lava flow - by OnoOno - 12-03-2014, 02:12 PM

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