Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you for your detailed answers. My wife does not list me as a creditor on schedules d,e, or f. Although, I am listed as a creditor on her Verification of Creditors Matrix. I'm guessing I'd have an uphill battle using her creditor matrix to establish I'm a creditor.
The case has been reopened by my wife, so it sounds like my best option is to contact the trustee. In your experience, how willing are trustees to follow through on cases like this?
No problem, and thank you for the Accept, I appreciate it.Bankruptcy Courts are somewhat forgiving though, at least in my experience. I had clients who didn't tell me they owned some real estate for fear of losing it in their bankruptcy. This was maybe 10 or 12 years ago, before I could check that stuff online like I do now.Somehow, the trustee found out they lied about it and hid it, and he called me. I was dumbfounded, but I managed to keep them out of prison and even kept their case from getting dismissed and they still got their discharge, but they did lose the real estate (it was sold and the money was given to creditors). They were happy not to go to jail, but if they had told me about the property, I could have put them in a Chapter 13 and protected it, but sometimes people do less-than-brilliant things.In any case, if your court is as forgiving as mine, if she can show it was an accident, and the $2,000/mo still won't give her significant disposable income, then you may get nothing for your trouble. But, I would certainly let the trustee know and see what happens.JoeLEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
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