Total Mess!!!!!
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Last edited by jason78; 08-19-2008, 06:33 PM. -
Just from briefly reading your posting, it is obvious that property and money was transferred all to your name to avoid it being in your wife's name so she could file Chapter 7. Plain and simple, it's called fraud. That is where the problem is as to the trustee. Your wife will have to work all this out with her attorney. Best of luck to both of you._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket" -
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It's obvious the Trustee suspects otherwise. Not too many people separate and sign over everything to the other spouse and then file BK. Usually people fight to keep money and property and there are separation or other legal agreements around to indicate otherwise. She needs to sit down with her attorney and decide what she wants to do from this point on and how to resolve all of this. I would suggest you ensure she does that as soon as possible.Originally posted by jason78 View Post_________________________________________
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
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Can't your wife talk to the secretary and tell her that she wants to stop the filing if the attorney won't call back. Or better yet, why doesn't she just go straight to his office and demand to see him.Comment
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I also wanted to say good luck.Comment
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I suggest you both start doing research on how to dismiss without the lawyer. Maybe don't attend the 341, don't do the educational requirements....I've heard those are ways to throw your bk. And unfortunately, be prepared for whatever punches may come your way. The trustees are trained to smell out a fraudulent scheme - and on the face of it - your situation looks overtly fraudulent, whether or not a lawyer told you to do it. (which by the way - doesn't make it ok for the both of you). Not trying to scare you but this sounds pretty serious. I mean, your post doesn't mention hard times - just buying & selling of homes, & hiding equity. Good luck.Filed Chapter 7 Pro-Se May 29, 2008
341 July 1, 2008
Discharged September 4, 2008
Closed November 10, 2008 :-)Comment
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No Job & 4 Kids Thats Hard TimesComment
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Im not sure but I thought you'd have to wait 2 years for transfering of property ??? Or selling it 1 year? I cant remember but either way your within 1 year. In my post I mentioned that even if an attorney says to do something and its wrong or illegal. We are the ones that get screwed. This is a perfect example of doing your homework and not trusting anyone, not even your attorney. I really hope you can get this dismissed. Sounds like you have money and really dont need a BK... Good luck...Comment
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Also, since this is a case converted from a 7 to a 13, I believe you lose your right to voluntarily dismiss the case.
Good luck. I wish I had some options for you, but as has been previously suggested, by not attending the 341 or something like, you may get it dismissed, but there is no guarantee. If the trustee smells assets or fraud, they can keep the case open...possibly reconvert to a chapter 7 to liquidate, etc.Comment
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The trustee will not allow it to convert to a 13Comment
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