UFTA BK Fraud
My exhusband was suppose to pay me 100k Jan 1 of 2009 as interest in our property division in divorce. (Washington State). He sold our lake home and pocketed 70k in Aug of 08. Divorce was final in Jan of 2008. He has now put the proceeds of the lake home into luxurious upgrades to the home we lived in (and both of our names are still on) and has placed the home for sale. He did not pay the settlement and has just filed chapter 13. Wouldn't this constitute bankruptcy fraud by hiding the proceeds in the other home so that they will be exempt from bk when he should have paid me? I signed over all interest in both homes and the business in exchange for a cash settlement. He also supports an unemployed live in girlfriend. Would she and him qualify for prosecution under UFTA for her basically spending my money?
-
-
Domestic obligations are not wiped out in BK. Not sure how this was worded for you but I would suggest you consult an lawyer and confirm that the money will still be owed to you by him regardless of his BK.
However you may be looking at some time before you could collect on it if he's filed a 13. Also if he has not yet sold the house and already filed then that could be fun for him. If it has equity he could have to fund his plan to pay for any non-exempt value.3/2/09- Filed: chapter 7 / No asset
4/1/09- 341 Hearing: 1 creditor showed up
Got to love family feuds
4/2/09- Trustee Report of No Distribution Filed
6/24/09- Discharged and case closed
-
If he has filed Chapter 13 and that residence, as you state, is in joint names, get yourself a good lawyer._________________________________________
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
-
He has a 125k homestead exemption in this state...so from what I understand he doesn't have to give me any part of the house proceeds from the home he has not yet sold. I do have a lawyer, from what I understand from him, because my settlement in the decree was worded as a cash settlement for "interest in property" not worded as alimony, it can be discharged. My lawyer is trying to recover whatever possible, but it doesn't sound encouraging to me. Has anyone heard any different regarding the discharge of property division settlement? Doesn't make sense that he can pocket roughly 70k from the first house that sold and another 80 from the one on the market and wipe out or very much dilute the amount i'm owed in bankruptcy court.Comment
Comment