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Bankruptcy fraud / exhusband

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    Bankruptcy fraud / exhusband

    I live in WA state. My exhusband is filing ch. 13 ONLY on my divorce settlement which was worded as property distibution. He sold our lake home last August and pocketed 70k, he has our other residence listed for about
    70k profit when it sells (I am on that loan). He can more than afford to pay me. He has a mopar vehicle that is worth upwards of 50k, a 30k custom chopper and supports a live in girlfriend and her child. We have official court documents from June where he stated his car is worth 80k, he put that it is only worth 12k on his payment schedule for bankruptcy. He operates a sole proprietor business and lied on his tax returns about his income, he stated he only made 17,000 last year when he more likely made about 75 to 100k. He is not delinquent on anything and lives a VERY comfortable lifestyle but simply doesn't want to sacrifice anything to pay me. My questions are this

    1. does a unemployed girlfriend and he child qualify as a dependent?
    2. how do we bring it to the trustees attention that he has completely lied about his income? Would a forensic accountant be worthwhile?
    3. How do we prove the luxury items he has are worth way more than what he listed.
    4. since the home exemption is 125,000, is it possible to combine the proceeds from the sale of the house last august and the proceeds he will receive when our other home sells to go against the exemption?
    5. He also made up some phony statement on his debt schedule that says he has a 50k loan he owes to his mother. How do we prove he is lying?!!
    6. Since he is making a ton of profit on these homes and my settlement was listed as property distribution, shouldn't half of all proceeds be going to me since he is in default of our decree??!!

    ANY HELP APPRECIATED!!!

    #2
    My ex filed Chapter 7 and I had to eat $300K on a promissory note he signed. I feel your pain, I do.

    Only advice I can give is you need a darn good attorney to do some forensic accounting.

    Good luck to you!

    Comment


      #3
      I agree...get yourself a good attorney on this one. Were you represented by an attorney in your divorce? If so, go back and consult again with him/her with some of your questions or ask for a referral for a good attorney after explaining the situation who can help you. If you have any documents on hand to refute anything he lists, find them and get notarized copies made.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        I am not 100% sure, but I do not believe BK can dismiss debts from divorce settlements. Check into that. His BK to screw you may be all for naught.
        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
        Plan Confirmation 6/16/06 :yahoo:
        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

        Comment

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