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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am one of the creditors who received bankruptcy court notice

Resolved Question:

I am one of the creditors who received bankruptcy court notice on behalf of debtor to stop my court order for debt collection efforts.

Hence I obtained all the bankruptcy filing documents of debtor to better understand on what grounds the case was filed. While studying all the documents, i noticed the debtor willfully made false statements and also did not disclose the businesses he made in previous six years prior to date of bankruptcy case filing.

Those are as below in brief

1. Intentionally, debtor provided false address of his former wife (who is responsible for collecting child support and alimony)

Former wife resides in India(home country) and debtor knows it and also is keep in touch with that women regularly.

Debtor provided his close relative address who resides in USA as his former wife address.

2. I knew intentionally the debtor did not disclosed his past businesses information and I am able to furnish all those details including contact details

Based on above points, can I directly file the complaint with bankruptcy trustee with evidences since I am an individual creditor. If not, I am looking for an attorney who can work on behalf of me in Northern Georgia bankruptcy court

The debtor owes me 35,000USD

Iam waiting for response from any bankruptcy attorney who can work in Northern Georgia bankruptcy court

Regards
Lakshmi
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.
Hi JACustomer,
Yes - you can provide the evidence of the debtor's false filing information directly to the Bankruptcy trustee. You do not have to hire an attorney to do this for you. The first step is to contact the trustee's office to find out how the trustee would like you to proceed further.

I think this is what you wanted to know. If not, please let me know.
Thank you!
Customer: replied 3 years ago.

Thanks for the quick response.Yes that's what I want from you.

I will do as per your advise.

 

If you have a chance, do you please let me know how serious the consequences if the debtor proven guilty and not being truthful under perjury?

Expert:  cfortunato replied 3 years ago.
If it can be proven that the debtor intentionally provided false information - not that it was done by mistake - the debtor can go to jail. However, this intention is very hard to prove, as it is a "state of mind", debtors in actuality rarely - if ever - go to jail, and the debtor is instead directed to amend the Schedules, thereby providing the correct information.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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