Help!! My ex filed bankruptcy fraudulantly

[lduffyaz]

My ex filed bankruptcy and lied on his schedules. We are going thru a divorce and the day before our divorce hearing where we were to get a ruling on how to divide our assets, he filed bk. He did it just to "get back" at me, but now I've discovered that he had hidden income and assets from the bankruptcy court.

What can I do?

Laurie

[FilingOnMyOwn]

How could he file bk and get back at 'you'? What an idiot!

[Hot-Tod-E]

You could get on Pacer, look up his case, find out who the trustee is and call him/her directly.

Is his fraud affecting you getting your share of your joint assets, child support or spousal support?

[Confused06]

Laurie:

OMG! That is the exact same thing my ex did to me. He filed in 01, 3 mos after our divorce was final. Lied to the bankruptcy court. Take it from me, do whatever you can to let the trustee, attorney or judge know what is going on. If you wait, they probably will not do anything. I found out about my ex after the 341 meeting and I tried everything in my power to get the trustee to look into the filing more carefully. I got no where. Do whatever you can and as mean as you can. Oh, if you have anything that was awarded to him in the divorce, i.e. house, car, credit cards and your name is on them, get your name off. That is partly why I am filing, because I never took my name off the second mortgage and now they are coming after me for $44K. Please do whatever you can.

If you want to talk further, PM me. Be strong and do not let him get by with it.

[KevinR]

Yeah, nail him to the wall. My lawyer said the #1 reason you might get investigated in a bankruptcy is from an ex ratting you out to the court.

One of her clients listed a mid '80s Mustang at $1000 or so value. Which was about right based on blue book. But then his ex-wife informed the court that it was a highly modified car that he drag raced on weekends. The motor alone was worth $8000.

Find out who the trustee is and let him know what's going on. He'll be happy to take your ex to the cleaners.

[razorguns]

The trustee may not care what u say, cuz you're biased and jaded and have an agenda. There are privacy issues and the trustee may refuse to talk to you about the case.

r

[Minnymouth]

NOW LISTEN CLOSE......... IF he filed bankruptcy the "day before the divorce hearing"......... THEN you were still legally married to him, assets were etc where still a "part of YOUR LIFE WITH HIM"....... THUS even though he filed separately your income, assets, debts, etc become part of the bankruptcy even though you did not file personally. The Trustee weeds out what debts are actually his share and which are jointly shared.....

If he filed a Chapter 13, then it would be based on the househld income.....
If he filed a Chapter 7, then all liquidation would be based on his income and assets. If you owned assets together, then the Trustee would have a list of all those assets he gave them.

If he had assets he did not list (even joint), it is considered "fraudulant" on his part" to deliberately leave them out and hid them from the Court.

First, are you divorced now, and is it final?????

If so you need to pull a copy of his petition he filed with the Court. You can do that on Pacer by putting in his SS# and pulling his Court Records up. Print this entire package and take to your divorce Lawyer and talk to him.

You too may consider filing bankruptcy by yourself to clean up the problem.

If he filed a fraudulant BK case to dump everything on you thru divorce then he can have his case be dimissed by the Trustee.

You need to talk to this Trustee or a bankruptcy attorney, let them know that YOU KNOW AND HAVE FACTS that he filed a fraudulant petition to protect his assets (and just get relief for his debts) to the Court.

A Motion to the Court filed by your attorney (bankrutpcy or divorce) can STOP HIS BANKRUPTCY IN ITS TRACKS......

His attorney can be held liable for "helping him".....

The Trustee, US Trustee and the Judge presiding over the Case should all receive copies of your Motion to Reopen his case (if closed) due to filing a fraudelant petition.

Remember, you said that this was all done the day before the hearing of the settlement.........and the divorce was NOT final yet. Legally, you were still married.

You have the right to report him for a fraudelant filing because your assets and income were a part of determining his bankruptcy petition and its final outcome.

This is a "whole new can of worms" you can open up on him....... Believe me they will investigatge his thoroughly. His case can be dismissed, and come back to haunt him in the future.

All you have to do is let the Trustee, US Trustee and Judge know that he filed a fraudelant petition and that you have the paperwork to "back it up".

Even is his case is "discharged and closed" - the Trusttee, US Trustee and Judge can force the case to be reopened up to 1 year after the case is closed.

You need to sit down and discuss this with a bankrutpcy attorney that is also an active Trustee. He can really tell you what to do and how to go about it.

No Trustee or US Trustee likes to be "screwed over" by a client, and believe me they will go after him with "anger in their blood".....

Be sure to have copies of his petition and his case, your divorce settlement, agreement and final divorce papers available for the attorney and the Court.

Stir the pot, boil the water............. let the cards fall where they may.....

Good luck, keep us posted.....

[FoolAndHisMoney]

The one correction to what Minny said about his case being dismissed is an understatement. If they find he really did commit fraud they will reopen his case, revoke his discharge which will leave him with these debts forever and possible criminal proceedings that carry a penalty of up to 5 years and 500k fine. If he did all this then he gets what he deserves.

One note for you lduffyaz, for your own protection if you blow the whistle on him and he's a psycho be very careful! He allegedly committed a serious bankruptcy crime and you are the witness. Make sure you and your kids, if any are protected.

[razorguns]

it's way simpler than that.

if he filed chapter 7, and said was single (easy to look up) - you can get him for that. Cuz you said you two were still married.

if not - you may have a much tougher time.

so depends if he was married or not. i'm surprised trustee's don't look up marraige records. Even cops can do that.


r

[Minnymouth]

The fact that he hid assets from the Trustee will also make a big difference in everything...

NOW, the assets that he did not list on the petition...... did they come to you in the divorce settlement the next day?? Thus making them your property between the time he filed and the 341 meeting and discharge.....
Hiding and transfering of property - not a good thing!!!!!
If this was done, it was to eliminate his assets, give them to you and make you repsonsible for the debt thru divorce.....
You will need an attorney to clean this mess up - and may possibly have to file bankruptcy yourself to clean the entire mess up.....

Only an attorney who deals with bankrutpcy and divorce can help you.... along with the Trustee on his case...

Keep us posted.