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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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my soon to be ex son in law filed a ch 7 in northern alabama.my

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my soon to be ex son in law filed a ch 7 in northern alabama.my daughter took alot of written proof that the filing had a lot of lies in it. also he has a second car listed at a value of 8g saying in the papers that he has a buyer for it if the court allows. the trustee said that car is grossly underestimated in value. in his 341 she asked about how he knows the value to be 8 g and he said he had someone tell him. the trustee and bankruptcy admin have photos of the car and both said that there isnt any way it is only worth 8g my daughter said with all the extras on it it is at least a 40 g car. the trustee told him to set up a time to meet with the car so a neautral person can appraise it. he hasnt done it yet and will not answer the messgages from the trustee or acknowlege her letters she is filing a motion to delay the discharge date till he does what he was told to do. what happens if he still refuses to answer? could he go to jail? this trustee said either way hes losing the ca
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,


Thank you for your question.

The bankruptcy trustee can file a motion to deny the discharge based upon the noncompliance of your former son-in-law. This would mean that he could lose his discharge and be required to repay his outstanding debt
Customer: replied 7 years ago.
the trustee told us that she was going to file that motion as you mentioned but after she asked for more time for him to comply. she also said even if the case is dismissed he was going to lose the car to the bk court. either way he is losing the car.; this is where my confusion comes in. since he dosent want to lose the car and he knows the trutee knows he has lied on the filings he is simply ignoring her letters and calls. he is either thinking they will just ignore that he isnt doing what he should and it will just ease thru to discharge or he dosent care if its dismissed as he had no intentions of paying his creditors anyway. he had this bankruptcy planned for years as he has done this before. if it gets dismissed and the creditors come after him what can they do to make him pay? he is playing with the courts
Expert:  Ellen replied 7 years ago.
if it gets dismissed and the creditors come after him what can they do to make him pay?
The creditors can file suit against him and obtain a judgment for the monies owed. They can then use the judgment to execute upon the car and any other assets he may have
Customer: replied 7 years ago.
oh ok. do creditors have the ability to find someones assets? he has paid off the car i have been talking about but how would the creditors know that? would sending them the info help them? he had no intentions of paying for all these creditors and he knew he was going to file chpt 7, retire and get his retirement and his social security and skate free on this. if it gets dismissed he wont pay them again. can they go after his s s and retirement? the trustee told us that he will lose that either way. not sure what she means by that cause he has managed to really make her mad by his avoiding her. he is out on bond too for a assualt on his wife and he has a d v trial coming up too. a real prince charming
Expert:  Ellen replied 7 years ago.
oh ok. do creditors have the ability to find someones assets?
Yes

he has paid off the car i have been talking about but how would the creditors know that?
They will know based upon discovery that they may perform once the debts reduce to judgment

would sending them the info help them?
yes if the bankruptcy is dismissed

he had no intentions of paying for all these creditors and he knew he was going to file chpt 7, retire and get his retirement and his social security and skate free on this. if it gets dismissed he wont pay them again. can they go after his s s and retirement?
no

the trustee told us that he will lose that either way. not sure what she means by that cause he has managed to really make her mad by his avoiding her. he is out on bond too for a assualt on his wife and he has a d v trial coming up too. a real prince charming
how awful -- good luck
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