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    bankruptcy fraud

    hello everyone! i can't believe there is a forum about bankruptcy. i've been calling all over the place and doing online searches to no avail. can anyone tell me if there is a statute of limitations on bankruptcy fraud in either nevada or arizona? i did a search, but it didn't come up. thanks in advance.

    #2
    Statute of Limitations on Bk Fraud? I would think you end spending some jail time with a big fine !??? I'm not sure ! Oh, welcome to the forum by the way !

    CMIYC
    Last edited by CATCHMEIFYOUCAN; 07-18-2007, 07:48 PM.
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    Comment


      #3
      Originally posted by tubes13@excite. View Post
      can anyone tell me if there is a statute of limitations on bankruptcy fraud in either nevada or arizona?
      Welcome to BK Forum - glad you found us!

      We need to ask a few questions first so we can help you better.

      Have you filed bankruptcy? If you have, when did you file and which chapter? Is your case currently discharged and closed?

      If you haven't filed bankruptcy, are you planning to file? Which chapter?

      What is the "bankruptcy fraud" you mentioned?
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Originally posted by lrprn View Post
        Welcome to BK Forum - glad you found us! We need to ask a few questions first so we can help you better. Have you filed bankruptcy? If you have, when did you file and which chapter? Is your case currently discharged and closed? If you haven't filed bankruptcy, are you planning to file? Which chapter? What is the "bankruptcy fraud" you mentioned?
        this isn't about me. it's about my deceased father. he filed the bankruptcy where you end up paying nothing back, i think. this was about 11/12 years ago. i have no doubt it was a total scam to get out of paying his debts. that's the way he was. he probably owed a couple hundred thousand to credit card companies. i guess after all this time it would be discharged and closed. the thing is, his ex-girlfriend knows and is threatening to blow the whistle unless us kids pay her off. i thought that i'd try and find out as much as i could before we contacted a lawyer. any help would be greatly appreciated.

        Comment


          #5
          As far as I am aware even IF something were to happen and his case was reopened and fraud was discovered they could only collect from his estate, you as his child would not be personally liable for any problems.
          Personally, I doubt that any judge is going to want to reopen a 10 year old case of a deceased debtor.
          Did your father leave an estate? Is there a large inheritance at stake here?
          Do you know his SS# and the district he filed in? With that information you can log into PACER (see sticky) and check out his filing to see exactly what he claimed as debts, assets, ect. You can also see what type of bankruptcy he filed. It sounds like it was Chapter 7.
          Filed: 10/26/2006
          Discharged: 03/05/2007
          Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

          Comment


            #6
            If your Father didn't have to pay nothing back, then he filed Ch.7. This means the debts are gone, period. Now, if there was an alleged fraud, it's up to the Trustee to find out or figure it out. If his case was discharged and eventually closed, my guess is that after 11 or 12 years, his case could not be reopened. I would also believe that since he deceased, there is no way to go after him.

            Now, if you come to find out that your Father's debts were discharged and his case was closed, which it should be, and if the ex-girlfriend was someone he owed money to, she is breaking the BK law by attempting to collect on the debt that was discharged if there was no assets or if there's no estate that still needs to be settled. If she's asking you to pay her off to keep her quiet, then that's blackmale.....another law broken.
            Bankruptcy History:
            Chapter 7 filed - 10/12/2005 - Asset
            Discharged - 02/16/2006
            Case Closed - 11/08/2007

            A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

            All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

            Comment


              #7
              Sound to me like SHE is attempting extortion. I think ITS ILLEGAL to threaten someone for money!! Get her on tape if its legal in your state.
              If your fathers BR was closed 10 years ago, I'm sure its a done deal. Its got nothing to do with you.

              WAM
              ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
              WAMU unsecured $2,000 Capital One unsecured $500
              PAID OFF MONTHLY!!!

              Comment


                #8
                Good Grief! People have some ODD ideas, don't they? Comes from watching too much Sopranos.

                This is just hot air. (and attempted extortion and blackmail and a violation of bankruptcy law ....).

                Not to mention just about as likely to happen as you and me holding hands and going to sea in our beautiful pea green boat. Is she wanted to pull that caper, she should have done it long ago.

                But let the Lady have her way and "blow the whistle". That will be some good free entertainment. HA HA HA It's going to be a lot of work, and the 11 1/2 years + her being an ex + the sheer avarice of it .... If there is anything less than a significant inheritance at stake, this case hasn't got a chance.

                Relax and enjoy the moment. When you see her next, solicitously offer her your seat and inquire after her health.

                When she asks why you are acting so concerned, tell her it's because you just found out she hasn't got a leg to stand on, poor creature.

                That should be interesting.

                Comment


                  #9
                  wow! you guys are awesome!!! thanx...

                  Comment


                    #10
                    Too old paperwork... Nobody remembers him/his case... even that old trustee might be... retired or long-gone deceased already!?... tell her go to hell...

                    Comment

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