Friday, June 27, 2008

FILING FALSE BANKRUPTCY CLAIMS IS ACTIONABLE

alt : http://www.youtube.com/v/6ZIUVxrcq4k&hl=enCHICAGO--PEOPLE WHO FILE BANKRUPTCY ARE PLAGUED
 WITH "FRAUDULENT" BANKRUPTCY CLAIMS. A tort action can  be filed in State court  seeking danmages for the filing of a "False "  bankruptcy claim under theroies of defamation, false light, abuse of  process, emotional distress, negligent misrepresentation, simple negligence,
 fraud and Rico. A party must alege that the defendant had actual knowledge  of the information, acts in deliberate ignorance of the truth or falsity of the  information or acts in reckless disregard of the truth of faisity of the information,  and no proof of specific intent to defraud is required. Under a Rico claim,
 the Racketeer Influenced and Corrupt Organization ACT, a seriioes of federal  statues, is an effective tool in the fight against a party who files "false" bankruptcy claims.
 Rico's attraction is that a prevailing plaintiff  gets attorneys' fees and tripled damages.
Americans for the Enforcement of Attorney Ethics (AEAE) advocates that debtors  in bankruptcy proceeding bring tort actions in state courts after the bankruptcy is  over to recover from
the false claimants. The real fraud is that the bankruptcy judge
 will use these "false" bankruptcy claims to unlawfully "rape" the assets of the
bankrupt party. For the Bankruptcy judge is under "no" obligation to even
 verify one claim be fore he orders the bankrupt party's assets liquidated.
 In view of the differing elements of proof and recovery, a former debtor
 bringing a tort action in state court based upon the filing of "false" bankruptcy
 claims should consider suing for both fraud and for RICO. Regardfless of the
 claim pleaded, a former debotor that has been defrauded  should consider
suing, both to obtain a recovery and to deter bankruptcy fraud claims.
The Americans for the Enforcement
of Attorney Ethics (AEAE).
 AEAE is a not for profit association that needs your
 financial support. AEAE has released three
New legal publications
that you must have have.
Stoller_Books_Intro_Offer.pdf"
How to retain an the  right attorney"  in its effort to
inform and educate
the public on issues that deal with  the legal
profession and the rights of the
pro se
litigant.
 The first major publication released was "
A manual for the
 Pro Se Litigant.
Mamual_for_the_Pro_Se_Litt.pdf" It allows a pro se
 (self represented) party
navigate through the U.S. Jurisprudence system, from the
 filing of a simple complaint in state or federal through filing
 an appeal to the U. S. Supreme Court.
This is the first publication
 of its kind that is a comprehensive litigation guide for a
"self represented" person.
Law schools are buying it.
 AEAE also has released a
Manual for Protecting an idea of an inventor through the
 filing of a Patent
. Each publication contains very valuable
 information. All the proceeds from the sale of these
publications goes to support
Donate_to_AEAE.pdf AEAE.
The eBooks can be down loaded directly to your computer.
 For a donation of  $150.00 or more AEAE will
 email you a PDF of each book which you can down
load or read on your computer.
 
Please send your contribution
to AEAE 7115 W. North Ave #272, Oak Park, Illinois 60302
 
312-545-4554 
Ldms4@hotmail.com   Please include your email address. 
AEAE is attempting to raise funds to purchase a new computer system
and the estimated cost is $25,000. Any contributions
Donate_to_AEAE.pdf will be greatly appreciated. 
 
Posted by LEO STOLLER at 00:22:19 | Permanent Link | Comments (0) |