BAD Faith Bankruptcy Fraud

[Lisamlacy]

In regards to a thread I posted earlier about my exhusband filing in bad faith.... he claims he has a $50,000 debt owed to his mother, which he has made up for the sole purpose of redirecting his payment to the trustee back into his own pocket. This is a complete lie. Doesn't a creditor have to have a judgement or something previous to the filing? I'm sure anyone can make up a fake contract or debt owed to someone in order to do exactly what he is trying to do...what are the rules on that? What is required to prove there is a debt owed to his mother?

[frogger]

What is required to prove there is a debt owed to his mother?

A recorded, perfected lien.

[DSIG]

if mom is owed money and she is listed as a creditor in the bk schedules, she will receive a notice from the bankruptcy court as all creditors receive. Under penalty of perjury, mom would have to file her proof of claim with the bankruptcy court for the amount owed. When the plan is confirmed, the plan payments get dispersed to the creditors who filed proofs of claim. You should attend the 341 meeting and challenge the debt if you have reason to believe that there is fraud involved

[Lisamlacy]

Will his attorney be present at the 341 hearing? What am I allowed to ask? Should my attorney be attending the 341 hearing with me??

[DSIG]

his attorney will be present, but sometimes the paralegals attend instead. Bring this up to your attorney. He will probably charge extra for attending meetings and litigating this type of work as it may fall outside the scope of divorce proceedings

[Lisamlacy]

My attorney will be attending the 341 hearing and scheduling a deposition from there. He said the deposition is "where the real fun begins" . Also curious, my ex claimed the wrong amount on the judgement he owes me and omitted another judgement. My question...is all the interest dropped since he is filing or does he have to include the interest as part of the amount he is trying to file on?

[lrprn]

My question...is all the interest dropped since he is filing or does he have to include the interest as part of the amount he is trying to file on?

He has to list the total amount owed (including any interest charges) up to filing day on the forms.

If the item is non-secured, then on filing day all additional interest stops (except for student loans - they are a special exception).

However, if the item in question is secured and the filer wishes to keep the item after filing, then the agreed interest listed on the secured contract continues to accrue after filing.

[JRScott]

My attorney will be attending the 341 hearing and scheduling a deposition from there. He said the deposition is "where the real fun begins" . Also curious, my ex claimed the wrong amount on the judgement he owes me and omitted another judgement. My question...is all the interest dropped since he is filing or does he have to include the interest as part of the amount he is trying to file on?

Additionally to what lrprn said if the judgment is for back alimony or child support he can't get rid of it in a bankruptcy, it survives.....

[Lisamlacy]

It is for property division settlement. Not child support or alimony. However, part of it may qualify as alimony as is wasn't specified in the decree. He was just ordered to pay the balance owing on my vehicle directly to me which he never did and quit making the payments a few months ago. It was in his name solely and about a week ago he had the lender come and get it as a voluntary repo. Not sure if that balance would fall under alimony or not.

[hughthehand]

Another thing to think about- is the $50,000 owed or a gift?
Another thing to think about, if he is charged with fraud, you probably won't be seeing your money anytime soon. If your attorney is smart, your ex-husband might be able to negotiate any problems with you. Hint-hint.

[aa06a47]

Another thing to think about- is the $50,000 owed or a gift?
Another thing to think about, if he is charged with fraud, you probably won't be seeing your money anytime soon. If your attorney is smart, your ex-husband might be able to negotiate any problems with you. Hint-hint.

I agree. You won't get money from a man in prision.

[aa06a47]

A recorded, perfected lien.

Unless the 50k is for a secured property, there is no lien.

The debtor puts it on his schedule, and the court will send send notice and the creditor will file a claim for an amount. After the bar date, the debtor reviews all claims and can say if the claim is valid or not.