S
Stupidest
Guest
What is the name of your state? Illinois
OK, I have recently been discharged from a CH 7 BK ( July 23 ). 4 months before I filed, not positive I was going too, I paid off some cash family loans. You guessed it, preferential tranfers. Naturally the Trustee wanted this money back. The Trustee wrote letters to the three people involved. My mother-in-law never received the first letter. My daughter responded to the Trustee and told him she didn't have the money to give him. My dad hit the roof, claimed he didn't owe anyone anything said he didn't loan me anything wrote the Trustee that I was a liar and said he wouldn't pay.
Now the Trustee has filed a verified motion for entry of default judgement against my mother-in-law and my daughter. I haven't heard from my dad yet. My mother-in-law is 76 yrs old and in poor health with no and I mean NO assets and no income other than Social Security. My daughter has a decent job, a car,and a checking account. My dad is well enough off with a decent amount of money and assets.
Ok here's the questions. What can happen to these individuals from here on. My dad says the burden of proof is on me and the trustee and seeing as these were cash loans and cash payments there really isn't any paper proof. Will I have to go to court and testify that my dad is lying while he does the same about me? Can the trustee win just on my word?
What happens to my daughter? Will she be garnished, will her bank account be seized. Can she still negotiate a settlement with the trustee? Can she file bankruptcy herself to get rid of this judgement?
My Mother-in-law? What can be done to her. My lawyer told me not to worry about her, that she was judgement proof.
Any help would be welcomed
OK, I have recently been discharged from a CH 7 BK ( July 23 ). 4 months before I filed, not positive I was going too, I paid off some cash family loans. You guessed it, preferential tranfers. Naturally the Trustee wanted this money back. The Trustee wrote letters to the three people involved. My mother-in-law never received the first letter. My daughter responded to the Trustee and told him she didn't have the money to give him. My dad hit the roof, claimed he didn't owe anyone anything said he didn't loan me anything wrote the Trustee that I was a liar and said he wouldn't pay.
Now the Trustee has filed a verified motion for entry of default judgement against my mother-in-law and my daughter. I haven't heard from my dad yet. My mother-in-law is 76 yrs old and in poor health with no and I mean NO assets and no income other than Social Security. My daughter has a decent job, a car,and a checking account. My dad is well enough off with a decent amount of money and assets.
Ok here's the questions. What can happen to these individuals from here on. My dad says the burden of proof is on me and the trustee and seeing as these were cash loans and cash payments there really isn't any paper proof. Will I have to go to court and testify that my dad is lying while he does the same about me? Can the trustee win just on my word?
What happens to my daughter? Will she be garnished, will her bank account be seized. Can she still negotiate a settlement with the trustee? Can she file bankruptcy herself to get rid of this judgement?
My Mother-in-law? What can be done to her. My lawyer told me not to worry about her, that she was judgement proof.
Any help would be welcomed