Saturday, July 12, 2014

My chapter 7 Bankruptcy Case- Violation of my Automatic Stay and Discharge Injunction and Final Binding Arbitration Order



I filed a chapter 7 federal bankruptcy case on September 18, 2003 which was discharged January 27, 2004 but the case was left open and closed on May 16, 2005.



The Final Order of Binding Arbitration in my divorce case was filed December 8, 2003 while I was in the bankruptcy process (automatic stay time period), after my initial filing  September 18, 2003)and prior to my discharge (January 27, 2004).  On November 12, 2003 my bankruptcy attorney David Miller amended the bankruptcy filing to include the  Final Order of Binding Arbitration division of property sale adding the sale of the Doral Circle property which was filed on December 8, 2003.. Bruce Ailion my ex-husband was not on the HUD-1 and was not listed as a Seller of the Doral Circle property. The Arbitrator, Resolution Resources Corporation received all funds from the sale shown on the HUD-1 closing statement and the sale was included in the Final Order of Binding Arbitration filed December 8, 2003..   My Final Order (of Binding Arbitration) found no fraud and stated I did not owe any child support, so I no reason to included my ex husband as a creditor. The Final Order of my divorce (Binding Arbitration award) did change my original divorce decree  signed by Judge Adele Grubbs and took the control of the real estate company MBA Properties Inc. away from Bruce Ailion and gave it to me.  That is why at the 341 Hearing the trustee stated that the Debtor (me) contends monies are owing her as a result of the divorce.  The bankrupcy trustee Edwin Palmer, received all documents post hearing and included in his report March 31, 2004  and made contact with the Arbiter, Raye Rawls of Resolution Resources Corporation who stated in my federal bankruptcy case record that she believed I received all monies due me.



In violation of OCGA 9-9-13 the Georgia Binding Arbitration Code, Bruce Ailion filed a Second Motion of Contempt on June 3, 2004 regarding the Doral Property sale and mentions the Final Order of Binding Arbitration filed Dec 8, 2003. He did not file a Motion To Vacate the Final Order of Binding Arbitration (filed December 8, 2003) for fraud (or any other reason) within three months provision provided for in OCGA 9-9-13. 

If there was an issue of fraud relating to the sale of Doral Court Property, which was sold by the Arbitrator and is contained in the Final Order Of Binding Arbitration, the proper motions were not filed and it was past the three month time frame allowed according to the Georgia Arbitration Code OCGA 9-9-13 below:  

(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:(1) Corruption, fraud, or misconduct in procuring the award;
There was no motion filed to vacate or appeal the Final Order of Binding Arbitration in my divorce case and this was also past the three months time frame allowed. 





My chapter 7 bankruptcy was left open by the trustee and was not closed until May 16, 2005, filed on May 18, 2005 below.  Judge Grubbs Order of contempt was filed on October 19, 2004.



The Arbitrator, who sold the Doral Property (my former marital residence 4488 Doral Circle, Marietta, GA gave testimony to the bankruptcy trustee that I received all owing me with nothing further owing.  The bankruptcy case record also states my divorce was contentious and was ultimately ruled upon by an Arbiter. The sale of the Doral Property was included in my chapter 7 bankruptcy case filing.

At the October 1, 2004 contempt hearing, on page 38 (lines 15-20) of the court transcript, my former husband  Bruce Ailion told Judge Grubbs that "technically it's discharged (my bankruptcy case), but I understand the trustee is still investigating it based on his belief the veracity of Marla was not correct."
On page 48, lines 9 & 10 of the October 1, 2004 contempt of court hearing transcript below Bruce Ailion, my former husband, stated that he found out about my bankruptcy by a private investigator.





My bankruptcy attorney David Miller filed a Notice of Bankruptcy Discharge and Motion To Strike Judgement Entered For Lack Of Subject Matter Jurisdiction on September 5, 2006 below.








My bankruptcy attorney David Miller also filed a Response To Plaintiff's Motion To Dismiss Defendant's Motion To Strike With Prejudice And Plaintiff's Motion For Sanctions And Attorneys Fees For Abusive Litigation on November 22, 2006 below.





















Denying David Miller's motion filings above Judge Grubbs filed on December 7, 2006 an Order On Marla A. Wright's Motion To Strike Judgment Entered For Lack Of Subject Matter Jurisdiction And Notice Of Bankruptcy Discharge below.






4 comments:

Marc Brown said...

Hello Maria! I would like to thank you and appreciate your initiatives here for such a blogpost. It is undoubtedly the rare among rarest. Being a financial author now for more than 5 years I never came across such a thing before. You just didn't care about your privacy and went on detailing the entire details of your bankruptcy filing here. You perhaps have no idea how this may help the prospective bankruptcy bankruptcy filers who have actually no idea about the intricate bankruptcy procedures.

Marc Brown
Financial Author
OVLGroup

kenjong89 said...

Thank you for sharing. Many people don't know that it is sometimes possible to avoid filing bankruptcy altogether by working out a financial solution and payment plan. The best bankruptcy help is preventing you from ever having to file for bankruptcy.

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Ken Meyer said...

Thanks for this post. Actually, I don't have much idea about this chapter 7 bankruptcy case. And your post helped me to understand the real meaning of it.

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Roy Bush said...

I had a buyer that wanted to buy a home in Arizona, but he had a Chapter 7 bankruptcy 7 months ago. After researching the web I found a loan program at http://www.cfsflex.com, they allow a mortgage after a foreclosure, short sale, or bankruptcy. There is only a six month waiting period. Good to see lending options coming back.