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Debtor suing ex for allegedly reporting bankruptcy fraud

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    Debtor suing ex for allegedly reporting bankruptcy fraud

    Hello- this is a unique situation that I'm not sure anyone can answer but here it goes. My boyfriend is recently divorced after a bitter divorce process in which there were essentially no assets, just debt and his ex is a revengeful person. She made it clear she was filing for bk as soon as the divorce was final. Because of this he took on all the joint cc because he knew he ultimately would be responsible when her debts were discharged. She kept the houses and his name is on the mortgages for the primary and rental houses (which have minimal and negative equity). Anyways that doesn't really relate to my question. She had her 341 meeting last week and although we have no idea what happened we know it was adjourned to a future date. The next day he's served with a contempt motion through the divorce filing claiming HE contacted the trustee and reported her for fraud! Basically she's saying that the divorce decree stated they will not interfere with each other's lives and he violated that. I am 100% confident he did no such thing. He wants nothing more then to never have contact with her again. I reviewed her petition through pacer and there were certainly things that don't seem right such as not listing that she has legal conservatorship of her adult daughter including all her assets, nor did she list a civil lawsuit against the same daughters father which was dismissed without prejudice to be refilled in Federal court. She also included her daughter and daughters friend who is staying with her as dependent shut didn't include their income (both filed their own taxes last year and weren't claimed as dependents). So basically several things that I would think a good trustee would have found by looking at public records. Does my boyfriend have anything to fear With this? I'm assuming she is just angry the 341 didn't go as planned and out to get revenge (again!) by assuming he did make a report. Would the trustee have told her if he did receive a report? This woman has been hell bent on destroying us because and I just want it to stop!

    #2
    Make sure your boyfriend has a good family law attorney for the contempt action, sounds like he didn't have one for the divorce.
    Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

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      #3
      Yeah his divorce lawyer definitely could have done better but hers was a compete scumbag. This divorce dragged on for 1.5 years with many contempt filings. Her deposition alone was 6 hours because she kept lying. The deal was made the night before trial (for which she subpeoned me even though I had nothing to do with their divorce). He knew a trial scheduled for 2 days would cost him more then this settlement. His lawyer has asked for her proof of this allegation and the exes attorneys response was he needs to depose my boyfriend which of course he won't do unless he gets subpeoned. Also although his name is in the mortgages the divorce decree releases him from any obligations or liabilities so I think he's ok there. Another interesting point- she listed her divorce lawyer as a creditor for a big chunk of her divorce fees and yet he's continuing to work for her??

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