Squirrel,
I do not believe this is the process I have been informed of. Since I do not have the information yet and cannot study it I am not totally sure. The process 7thfire is speaking of is more like the process my wife and I tried to go through, which did not give us remedy. The process I am referring to is actually filing a Chapter 13 under bankruptcy and using the US trustee to discharge the alleged debt. Since my wife is already in a Chapter 13 and protected from having the property taken we will use the process once I know it is worth using. What I have been told is that to get remedy you must be in the Chapter 13 court and use the US Trustee to effect the discharge that is based on fraud. Remember we were given remedy under HJR 192. Are we going to the right place to get it?
http://www.legalhelpers.com/legal_he..._glossary.html
"Dischargable
Debts that can be eliminated in bankruptcy. Certain debts are not dischargeable; that it, they may not be discharged through bankruptcy or may only be discharged through Chapter 13. Family support and criminal restitution are examples of debts which cannot be discharged. Debts incurred by fraud can only be discharged in Chapter 13."
The above was sent to me by Vanton57 and was what intereted me enough to call this guy to get more info. You will notice what the last sentence says. Since the mortgage and credit card debt is based on fraud, this makes sense. After speaking with the guy the other night about this I am intrigued and want more information. We all would like to have the remedy that we are seeking, would we not?
iamfreeru2
