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my mon filed for bankruptsy in 2005 nand it was discharged

in 2006. she had...
my mon filed for bankruptsy in 2005 nand it was discharged in 2006. she had a second home which the state wanted to put a lein on and she agreed to a repayment plan for 1 year, my sisters name was on the deed and my mom was responsible for the payment. (my dad and mom quit claimed the property to their daughter) now my sister found out my mom signed her name to the repayment plan is said she is going to prosecute. the payment plan was for 12 months @ 200.00 a month and was paid off way back in 2007- what recourse does my mom have. she is mad that my mom filed bk with out her knowledge and my mom did not want her to know that is why she signed her name on the agreement.
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Answered in 14 hours by:
7/8/2009
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,361
Experience: Attorney and Real Estate Broker -- Retired (mostly)
Verified

Your mom has no recourse if your sister decides to ask law enforcement to investigate. However, as the payments were made, and no one was injured, law enforcement may simply sweep the matter under the rug, because of the lack of resources available to prosecute this sort of victimless action.

 

Hope this helps.

 

 

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Customer reply replied 8 years ago

what would be the worst thing that could happen to her if she was persistent with this issue of prosecuting her, she is 86 young and had never been in trouble her whole life. She said that even though she reaffirmed this debt thru bankruptcy that since it was tied to a Bankruptcy that they could make the bankrutpsy all null and void Please advise. thanks

The chance that a U.S. Attorney would prosecute an 86 year old woman for this is practically nil. Putting her in jail would kill her. No jury would convict.

 

It's legally possible for the bankruptcy to be set aside/voided for fraud, but I doubt that, too, because no one was injured.

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Customer reply replied 8 years ago

so it would not be worth their time to prosecute since no one was injured and her bankruptcy should be fine correct? and if she needs to hire a lawyer in the future for this mess what kind of lawyer should she hire? Please advise. thanks

If it's the bankruptcy court that's considering vacating the discharge order, then she needs a bankruptcy attorney, who has experience with litigation. A lot of bankruptcy attorneys won't litigate. They just want to push the debtor through the system and get paid ASAP.

 

If it's the U.S. Attorney, then your mother would be arrested, and she would need a criminal defense attorney with federal court experience.

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Customer reply replied 8 years ago

what are the chances that the us attorney would prosecute for something that did not have no injury? I would think they would not even spend their time on this. and is this considered a forgery charge and what is the statue of limitations on this is the state of michigan?

Statute of limitations for this sort of federal crime is generally 5 years from the date that the petition was filed.

 

Foregery and/or perjury are possible charges.

 

As for "chances," that would be pure speculation on my part.

 

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,361
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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Customer reply replied 8 years ago
thank you so much for the information.
You're welcome and good luck.
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socrateaser
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