BAD Faith Bankruptcy Fraud

[Lisamlacy]

My exhusband has lied a bunch on his schedules for his bankruptcy filings. He is trying to get out of paying only my divorce settlement and pay everything else outside his ch. 13 plan. He was ordered in the divorce to pay my car payment, repo guy just came this morning to do a "voluntary repo" (car is in his name). Because of all the false information on his paperwork, my lawyer thinks my ex filed in bad faith and he is going to object to confirmation. What exactly does "bad faith" mean and how hard is it to prove this. His paperwork is full of lies to the point that he claimed he made 17,000 last year which is about 100k shy of reality.

[justbroke]

What exactly does "bad faith" mean and how hard is it to prove this. His paperwork is full of lies to the point that he claimed he made 17,000 last year which is about 100k shy of reality.

"Bad Faith" in the bankruptcy context, means that the person willfully filed false information to the Court to deceive the Court, Trustee and/or creditors. It's quite easy to prove because the Bankruptcy Court is a court of equity, not a criminal court. So, you just need to prove it by a preponderance of the evidence.

Your attorney could file an Objection To Confirmation, and can even file a Motion to Dismiss.

Should be fun! You should also attend the 341 Meeting and question him under oath, put the UST on notice, and order a Rule 2004 Examination.

[frogger]

My exhusband has lied a bunch on his schedules for his bankruptcy filings.

This should be fun. Justbroke gave excellent advice.

Let us know how this one turns out.

[OHBOY]

frogger: i see you drowned your sorry looking 'puss' in some good looking glass of beer.........great improvement !

[frogger]

frogger: i see you drowned your sorry looking 'puss' in some good looking glass of beer.........great improvement !

Beer. It's more than just a breakfast drink!