Hi Folks,
Need any and all advice here. Due to the enormous debt the government left Harvey in after his court case he went to file bankruptcy over the weekend. Now they are doing things electronically and well needless to say the judge from his criminal trial "blocked" any filing of motions on his behalf which of course includes the bankruptcy. He went today to redo the paperwork and try to file the old fashioned way but if anyone has any information on this it would be very much appreciated. You can email me *e-mail removed per PTO policies. please pm this member* Thanks so very much.

Ellen

Filing Bankruptcy will not make his debt to the government go away. I don't know if that was his reason for filing,but the government debt will not be discharged in any bankruptcy.

I have found that the gov sites frequently don't work for at least part of the weekend. He may have just hit at a bad time. Did he get an error message of some sort. It would be very unlikely that a district judge had any influence over potential cases in a totally different court, but truth can be stranger than fiction.

Brenda

We know his restitution will not go away, However there was a civil judgement related to the case that should be wiped out. Suposidly now bankruptcy filings are done electronically for the most part and a third party processes the fillings. Well they sent back a response that Judge Davis had signed an order blocking any motions that were filed on his behalf. So we are trying to see if doing it the old way might get it passed that issue.
*sigh*

This gets really tiring after awhile.

Ellen

I am sure it gets tiring, seems like everything related to this case requires twice as much effort. I sounds likely you are going to need a lawyer.

If there wasn't a case already, i don't see where the judge's order rested. Filing for motions isn't the same as filing for bankruptcy. Let us know if the "old way" works.

We know his restitution will not go away, However there was a civil judgement related to the case that should be wiped out. Suposidly now bankruptcy filings are done electronically for the most part and a third party processes the fillings. Well they sent back a response that Judge Davis had signed an order blocking any motions that were filed on his behalf. So we are trying to see if doing it the old way might get it passed that issue.
*sigh*

This gets really tiring after awhile.

Ellen

I know they just put in a new law regarding bankruptcy for all of the United States, however, I can't tell you anything about it. What I have been told though is no debts that are owed to the government will be acceptable in filing any chapter of bankruptcy.

Good luck to you, all of my best.

Yes we know about the new law but it doesn't go into effect for 6 months so obviously we wanted to get things taken care of now. We shall just have to see how things go.

Harvey filed several motions during his incarceration of which barely any were acted upon by this judge. He had to "pre notify" the court that he was intending on filing bankruptcy and well that is when this order was signed blocking him from filing any type of motion. No matter what happens you can't get a break.

Ellen

I suggest you talk to a good bankruptcy lawyer. The last thing you need right now is to do it wrong and then, get charged with bankruptcy fraud. Right now, they are watching you very closely.

My husband filed through a bankruptcy lawyer and didn't have any problems.

Civil lawsuits based on criminal convictions cannot be discharged in bankruptcy although a nolo plea can help your cause in that regard. It can't hurt to try though. If no one fights it the discharge will stick.

What is a nolo plea?

Nolo contendere. Latin. Plea of "no contest."

From findlaw.com

... a guilty plea is a specific admission of guilt. The practical effect is that the
nolo plea avoids automatic civil liability.

My boyfriend filled out all the paper work for a do it yourself bankruptcy. Now he's incarserated. Does anyone know if they will allow them to go to court? Or as his power of atty can I go? thanks

My boyfriend filled out all the paper work for a do it yourself bankruptcy. Now he's incarserated. Does anyone know if they will allow them to go to court? Or as his power of atty can I go? thanks

I doubt very seriously if they will let him attend court, however, if you have power of attorney and can answer any and all questions they may have, I am fairly sure you can represent him.

I have seen cases where people come in with power of attorney and they represent the person. Unless it is different in your state. It is Kentucky and Florida where I have seen it.

I want to get married to an exoffender from a Federal prison she also has to make restitution to the Federal Government for a large sum of money, If I marry her will I incur her debt. All of this was done long before we met.

You are not responsible for her previous debts either to the Federal government or to any other debt collector. Nevertheless, it will have an effect on your finances, especially if you live in a community property state. I woud recommend that you speak with an estate attorney and with an accountant. It will be crucial that you do not comingle funds.

You should also know that if you file a joint tax return... your income can be used in calculating her restitution payment. As SusanT stated... keep your financial afairs seperate.

Keep the Faith

Michael :thumbsup: