Hello, we are moving toward chapter 7 bk, but are in this active business litigation over contract disputes. Their claim is now also leveraging a fraud claim against my husband, as I would guess to throw us off kilter in filing for bk. In any case as we defend this with our lawyer (business not bk) he seems to think he can get the personal fraud count dismissed, but if that doesn’t happen (or doesn’t happen quick enough) I would assume these are the type of people who would file an adversary hearing if he files for bk. What’s the burden of proof for fraud in that type of hearing? There was none on his end just a working relationship that exploded leaving his business in shambles. I’m just speculating but also trying to mentally prepare for the worst case. Curious if there are any experiences with adversary hearings that reference fraud? Are they common?
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