Found out another neat little piece of info. Not only does he get to keep all of these things he is also no going to school during the chapter 7 process. This schooling will cost 20k. Where in the world did he get that?
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Possible Fraud
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You can certainly notify the ch7 trustee or the US Trustee about your suspicions... and they can inquire as to whether they're really employed or not (a normal employer will certainly answer truthfully to an inquiry by the US Trustee--they're not going to participate in a bk fraud.)
However: NO unemployed person with half a brain is going to put that on their FB or LinkedIn! Advertising your unemployment makes it harder to get re-employed. Basic survival instincts. So it's quite possible that they're telling the truth in their filing.
If you want to pursue this I think you can send the US Trustee a tip anonymously on their web site. They definitely want tips... what they do with them is another matter.12/2009 Stopped paying CCs; 3/10 1st suit;
8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED
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Personally I am an Independent Software Developer. That my income has been near zero in the last 6 months is on a need-to-disclose-by-law basis. And yes, I'll be filing a Ch 7 soon.12/2009 Stopped paying CCs; 3/10 1st suit;
8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED
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You can forward your suspicions and any possible proof to the trustee. That is the inexpensive route, and may lead to nothing.
You can raise holy hell by filing an AP complaint. This is an expensive avenue, and difficult. If you have real proof, not just suspicions, and are contesting a larger amount than, say, 20k or so, this might be useful.
As others have pointed out, incompetence does not mean fraud. Fraud is a clearly defined legal term that is very specific. I don't know that anyone could verify this as a fraudulent filing from the few facts posted on a forum.
An attorney is probably your best bet, but some attorneys will happily take your money and tell you you've got a slam-dunk, even when you do not.
Sorry to hear this happened to you.11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged
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In regards to FB and other social networking sites..it is up to the USER to PROVE that what they were saying was false..Social networking/texting/emails/IM is being used more and more in the judical system..I agree..privacy protection has ceased..most people just don't know it..also the trustee can subpoena the records for where the person said they worked..they will have no problems turning it over to not be included in the mess...
If you think there is fraud report it with documentation...it will be up to the trustee to decide how to handle it..
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