NEED HELP

[juststartingout]

Thank you for your replies. I shall move forward then. Also, can one ask for verification on bankruptcy on the CR? Even after there has been a note attatched explaining the situation?

[Jerseee]

Whyare you giving them ammunition against you? What is there to explain? When you do that--you are verifying the debt is yours and it negates your demand for verification. Think about it.

Thanks, Jerseee, I will do the UCC -11, and go from there.

[juststartingout]

The bankruptcy was "verfied" 4 years by my husband (his bankruptcy) ago when we didn't know anything about the need of verification of the debt. There's no way to undo this mistake, I suppose.

[Jerseee]

NP Tora.



juststartingout,



I see your point now. didn't know it was a "filed" bankruptcy. It may be hard to impossible to do something about that.

[Ice]

A bankruptcy will remain on your report for 10 years.

After that, it has to come off.

[iamfreeru2]

juststartingout,



A bankruptcy can be removed much earlier if disputed on your CRA. I have disputed many things in the past, one being a BK and had it removed. After 2-3 years it is likely the BK will not be verified and if not the BK must be removed. This is not difficult to do.



iamfreeru2

In Bankruptcy you can use the Rule 2004 and see if that will work that makes them prove they lent you money it subpeonas there records but you may have to have the trustee or your attorney do it. Most likely an attorney will not do it so you may have to do it on your own it did not work for me but maybe if you are in 13 it can help if you are in chapter 7 I would let it go. I would only fight if I have to pay what I shouldn't have to pay.

[iamfreeru2]

Hello,



Richard Cornforth says: "File the chapter 13 but contemporaneously file under authority of 11 USC 9014."



Rule 9014. - Contested Matters





(a) Motion







In a contested matter not otherwise governed by these rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required under this rule unless the court directs otherwise.



(b) Service







The motion shall be served in the manner provided for service of a summons and complaint by Rule 7004. Any paper served after the motion shall be served in the manner provided by Rule 5(b) F. R. Civ. P.



(c) Application of Part VII Rules







Unless the court directs otherwise, the following rules shall apply: 7009, 7017, 7021, 7025, 7026, 7028-7037, 7041, 7042, 7052, 7054-7056, 7064, 7069, and 7071. An entity that desires to perpetuate testimony may proceed in the same manner as provided in Rule 7027 for the taking of a deposition before an adversary proceeding. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. The court shall give the parties notice of any order issued under this paragraph to afford them a reasonable opportunity to comply with the procedures prescribed by the order.



(d) Testimony of Witnesses







Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversary proceeding.



(e) Attendance of Witnesses







The court shall provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify





iamfreeru2

I don't quite understand what you can do if the attorney for the opposing party whom claim you owe the debt, files in court that to show such a thing is a burden on there client and they ask for a motion to strike it and the judge do so what is your next step? This is my problem at this point no one will validate because they cannot and no judge has made them produce anything what do I do? Thanks p.s. this has been done to me in both County court and Bankruptcy Court.