How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

- My wife and I are separated. - We reside in California -

This answer was rated:

- My wife and I are separated.
- We reside in California
- My wife filed for chapter 7 bankruptcy in May, 2012
- It would have been beneficial to me had she NOT recieved a discharge
- One of the debts she discharged was a loan from her father.
- The loan from her father was used to pay her divorce attorney
- In her income and declaration she declares she used the borrowed money to pay her attorney
- She is now sueing me in family court for the same attorney's fees.
- In her motion for attorneys fees, she lists the loan from her father as the reason I need to pay.
- Again, this loan was discharged in her bankruptcy.
- In addition, she has been receiving $2000/month from her family for over a year.
- She did not include this regular money on her bankruptcy application.

My question is: If I present this information and evidence to the bankruptcy trustee, what will happen? I'm not concerned with what should happen, but what will likely happen. Will the trustee blow me off, take this seriously, what will most likely happen?

thanks in advance

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Knowingly not disclosing all of one's income on one's Bankruptcy paperwork is considered to be
fraud, which is something the Bankruptcy court takes very seriously.

cfortunato :

If you have proof that your wife did not include the $2,000 monthly income, and if you report this to the Bankruptcy trustee, her discharge will likely be revoked.

cfortunato :

There is a one-year Statute of Limitation for revoking a Bankruptcy discharge.

Customer:

Thanks for the quick reply Chris. What are your thoughts about her sueing me for debt she already discharged? Is that as serious as not disclosing income?

cfortunato :

Trying to sue you for a debt that has been discharged is not as serious as not disclosing income.

cfortunato :

Suing you for discharged debt is not a violation of the Bankruptcy Code.

cfortunato :

And you should be able to have that case dismissed if you respond to the lawsuit with the information about her Bankruptcy.

Customer:

Thanks Chris. I'm surprised the bankruptcy code would allow her to recover money she's already discharged. Also, the website won't let me rate your answer because it says you haven't finished answering. I'll give a rating as soon as the answer is closed. Thanks.

cfortunato :

You're welcome!

cfortunato :

She can try to sue for money that has been discharged without being sanctioned by the Bankruptcy court, because she is not a creditor in her Bankruptcy case.

cfortunato :

Only Bankruptcy creditors get sanctioned for trying to collect debts that are discharged.

cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions