Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
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.
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.
There is a one-year Statute of Limitation for revoking a Bankruptcy discharge.
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?
Trying to sue you for a debt that has been discharged is not as serious as not disclosing income.
Suing you for discharged debt is not a violation of the Bankruptcy Code.
And you should be able to have that case dismissed if you respond to the lawsuit with the information about her Bankruptcy.
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.
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.
Only Bankruptcy creditors get sanctioned for trying to collect debts that are discharged.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).