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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Kirk My partner was dismissed twice fro Ch 13,the court put

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My partner was dismissed twice fro Ch 13,the court put him in 7.He has lied in all 3 cases did not disclose my litigation,companys owned ,IRS claimed no income for several yrs I gave cancelled cks. for several hundre K to the US trustee in LA,Santa Ana & the judge.with all the lies does he get the legal right to file 7 , when will he be forced out of his home?
Pat ( I have another question )
Hi - thanks for looking me up again!

Your partner would have the right to file chapter 7, but if you have claims of fraud against this person, you can sue through the bankruptcy (by filing an adversary proceeding) and try to recover a judgment for fraud - - which would make the debt/s non-dischargeable. If you don't take those steps to try and get a judgment for fraud, then there likely wouldn't be any liability unless the IRS pursued him.

As for him losing his home, that depends on whether or not he is current on his mortgage, and if so, whether or not he wants to reaffirm the debt (keep the payments) with the lender. If he is behind, the lender likely would not agree to a reaffirmation agreement, and he would be removed via foreclosure eventually.
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