Is a trustee more thorough with someone filing bankruptcy who operates a sole proprietorship than if they have a regular job with a regular paycheck? Ex is filing only on my divorce settlement, can more than afford to pay and has skewed his numbers to make it appear he is broke.
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As a general rule, no. A lot varies by trustee though and what the UST might be looking for in regards to fraud.Originally posted by Lisamlacy View Post
If you are certain there is fraud involved contact the UST. But you'd better be certain as that is a serious allegation.
Maybe you could explain more about what you mean by "skewing" the numbers.So the poor debtor, seeing naught around him
Yet feels the narrow limits that impound him
Grieves at his debt and studies to evade it
And finds at last he might as well have paid it. -
lisam, alimony is not dischargable. Is that what he is trying to discharge? Or other payments?Much thanks for all the support and information I receive on this forum.
Chapter 7 filed 11/21/2008
341 Meeting 01/05/2009
Discharged 03/06/2009Comment
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Correct, alimony and child support cannot be discharged. However, certain obligations of a divorce decree can be discharged in chapter 13 only. For example, if spouse A was assigned the joint AMEX debt in the divorce decree, spouse A can file a chapter 13 and that debt as it relates to Spouse A's liability to Spouse B (in the divorce decree) gets treated like a general unsecured creditor. But that is only the case in chapter 13.
As for Sole Prop's, generally, there will be more scrutiny of a self employed individual for the reason that they are in control of both the assets and the reporting. (where as, in the employment situation, the person is only in control of the asset, but not the reporting).Comment
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No it is not Alimony, we agreed on a cash settlement and it is listed in the decree as property division, that is why he is attempting to discharge it. He had his 341 this AM which my attorney was present for and has scheduled a deposition regarding all the false info he provided on his schedules. I'm hoping the trustees will be very thorough because there is a lot of false info on his schedule.Comment
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Lisam, depending on the wording of the Property Settlement Agreement, there may be some discussion about if any of this is dischargable. My divorce agreement outlines that none of it is dischargable if he declares BK. Similarly, I can not apply for further support or property if he all of a sudden does very well on a property that has already been split.
Do not wait for the Trustee. Check with your lawyer who handled the divorce or another. You might be able to nip this before it becomes a problem.Much thanks for all the support and information I receive on this forum.
Chapter 7 filed 11/21/2008
341 Meeting 01/05/2009
Discharged 03/06/2009Comment
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