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    #1

    DH lied to the trustee-now what

    Hi all, been reading these for a while-now I have a question-DH has been in Bk filing for one year now-he had to account for some money from an investment from 1 and 1/2 years ago-trustee wanted an exact accounting of where money went-DH could not remember everything -he just spent without keeping track of anything, since he never thought he would have to show proof to anyone about it , so he said he gave some to his sister. Now trustee wants the money back from his sister, which of course she never got.

    Now what? does he tell trustee he lied and just take his lumps from the trustee? Obviously his sister is mad, since she never received any money and now trustee is threatening to sue her-what should she do?

    How much trouble is DH in? BTW we have no house or money to pay back to the trustee if he wants it from us.
    Tags: None
    #2
    Bad news there,

    If your DH lied while under oath to the Trustee he's in even more serious trouble. These are the FEDS he's dealing with, tell him to grow up and smell the roses..... He may already be in over his head...............
    He needs to arrange for a consultation with his attorney and the Trustee and get this out in the open RIGHT NOW.... before it gets even worse....

    Yes, his sister can get sued, and have to produce money she never got..........

    So he better get on the ball, and get this straightened out..... Hopefully the Trustee will overlook his STUPIDITY............. maybe not..........

    There are steep fines and jail time for "messin" with Federal Officials while under oath............. Hope your DH has not stepped completely over the line and caused himself a lot of grief..............

    Keep us posted.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment

      #3
      ok, it was not under oath-I dont think (unless writing a letter is under oath?)-he sent the info in a letter to trustee-this has been pro se and is really quite a mess.

      Should he just write another letter to the trustee to tell him he lied?

      Comment

        #4
        I would see if he can strike a deal with his sister to pay whatever amount the trustee is asking for with promised payments to her after the bankruptcy.
        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
        Plan Confirmation 6/16/06 :yahoo:
        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

        Comment

          #5
          i think the DH should inform the trustee that the information about the gift to the sister was incorrect based on poor memory and account for the true whereabouts of the funds as best as he remembers.

          Comment

            #6
            I agree with djk.. I would never mess with the Trustee in way form or fashion..
            Thanks,
            GaCreditGuy

            --*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--
            BK7 Filed : 01/29/2006
            341 Completed : 03/06/2006
            Deadline For Objections: 05/05/2006
            Discharged : 06/30/2006
            Case Closed : 06/30/2006

            Comment

              #7
              How much did he tell the trustee he gave to his sister? Sorry, but it would have been better to tell trustee he bought a shipment of cocaine than give it to a realitive.

              I think the best thing to do, unless you can plead ignorance and recant prior statements (don't think he can), is try and come up with the "lost" money that was given to his sister. I don't know if we are taking 100 dollars or 100,000 dollars. If he gets the money from the sister, he might drop it. If your husband goes in and changes his testomony, I'm pretty sure it won't be pretty.

              At any rate, he needs to contact a bk attorney pronto. I doubt he really wants to handle this pro-se anymore. He has already gotten himself in enough trouble.
              Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
              Plan Confirmation 6/16/06 :yahoo:
              Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

              Comment

                #8
                I'm feeling like a ditz, but have to ask: what does DK stand for?
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment

                  #9
                  since he never thought he would have to show proof to anyone about it , so he said he gave some to his sister. Now trustee wants the money back from his sister, which of course she never got.



                  This one deserves a homer simpson, Doh!!!!!!!


                  oh boy can't wait to read the rest of this thread when I come back online
                  Last edited by scammer; 06-01-2006, 01:01 AM.

                  Comment

                    #10
                    Originally posted by Minnymouth
                    Bad news there,

                    If your DH lied while under oath to the Trustee he's in even more serious trouble. These are the FEDS he's dealing with, tell him to grow up and smell the roses..... He may already be in over his head...............
                    He needs to arrange for a consultation with his attorney and the Trustee and get this out in the open RIGHT NOW.... before it gets even worse....

                    Yes, his sister can get sued, and have to produce money she never got..........

                    So he better get on the ball, and get this straightened out..... Hopefully the Trustee will overlook his STUPIDITY............. maybe not..........

                    There are steep fines and jail time for "messin" with Federal Officials while under oath............. Hope your DH has not stepped completely over the line and caused himself a lot of grief..............

                    Keep us posted.

                    Man, lying to trustee, talk about your case getting bounced out, or getting your azz in jail. This can't be a real deal?? Come on don't joke around here worried71

                    Comment

                      #11
                      Originally posted by worried1971
                      ok, it was not under oath-I dont think (unless writing a letter is under oath?)-he sent the info in a letter to trustee-this has been pro se and is really quite a mess.

                      Should he just write another letter to the trustee to tell him he lied?
                      WORSE

                      QUIT THIS RIGHT NOW, THIS IS NOT A PLACE FOR JOKES, THERE IS NO WAY SOMEONE IS THAT DUMB!!!

                      SAVE TIME, JUST CALL THE US DEPT OF JUSTICE, HAVE THEM SEND AN EMAIL DOWN TO TRUSTEE'S OFFICE SAYING THE WHOLE THING WAS AN ACCIDENT. PROMISE TO BUY THE TRUSTEE A ROOTBEER FLOAT NEXT TIME YOU RUN INTO HIM.
                      Last edited by scammer; 06-01-2006, 01:11 AM.

                      Comment

                        #12
                        Originally posted by djk
                        i think the DH should inform the trustee that the information about the gift to the sister was incorrect based on poor memory and account for the true whereabouts of the funds as best as he remembers.
                        might work for a 341 meeting excuse, but sending a letter, my guess it won't!!!! Shippment of cocaine probably better idea.

                        Comment

                          #13
                          It's really not a joke-DH and I have been married for 3 years now, I did not know about the debt he had until last year when he told me he needed to file for BK-we have 2 young kids and he always handled the finances.

                          We did not file together-he filed on his own-is he really going to go to jail for this? I dont work and depend on his income for our family support. I am very worried about this-should I file for divorce so I dont get in trouble too.

                          What does his sister do? Should she just tell the trustee she never received any money from DH-since she never did-that way she is not responsible for payment of anything-she does not even have any money-would this get her out of this?

                          Comment

                            #14
                            I doubt they'll send him to jail... but he stands a really good chance of having his bankruptcy dismissed.

                            The only thing you can really do is tell the trustee that the information was inaccurate... either due to bad memory or a miscommunication or aliens eating his brain or SOMETHING... and then tell him what was REALLY done with the money... even if it WAS to buy drugs. Tell the truth! It's the only way he MIGHT be able to salvage this.

                            As for you... as long as you didn't sign the letter then you don't have anything to worry about.
                            Filed Ch. 7 Pro-Se: 10/12/06
                            341: 11/6/06 (went AMAZINGLY well!)
                            Discharge: 1/12/07
                            Closed:1/19/07

                            Comment

                              #15
                              what about his sister? How does she get out of this-should she call the trustee or write him -or does she need a lawyer -again she never received any money or new about DH putting her down on his letter

                              Comment

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