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C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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I just found out that my ex-spouse had filed a fraudulent bankruptcy

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I just found out that my ex-spouse had filed a fraudulent bankruptcy in 2011. I obtained a copy and it contains numerous false statements that I have documentation for. She states she is married and claims her son to be a dependent when he was independent and gainfully employed in Arizona. We live in NY. That is just one of many false statements Prior to our divorce she had scamed me for thousands of dollars. I am concerned how this can affect me in the long term. Can I still report a fraudulent bankruptcy to the Feds?

cfortunato :

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

cfortunato :

Unless you were listed as a creditor in your ex-spouse's Bankruptcy papers, her Bankruptcy filing cannot affect you, even though it contained false information.

cfortunato :

If your ex-spouse's Bankruptcy was filed in 2011, it is probably too late for the Bankruptcy trustee to do anything about the fact that false information was filed. This is because the trustee cannot do anything after one year after discharge. Bankruptcy Stat. 727(e)(1).

cfortunato :

(In most cases, discharge occurs within 4-6 months after a Bankruptcy is filed.)

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