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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 116727
Experience:  Attorney At Law handling education matters.
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Hello. Is is possible to ask my trustee for some additional

Customer Question

Is is possible to ask my trustee for some additional time before "settlement"?
I am asking because I may not have to file for bankruptcy at all if I could just have a little time.
I will try to be brief with the history;
- My spouse stole my identity and did the following;
- Cashed my paychecks (I'm an actress so I get lots of checks in the mail)
-Continued to open and use credit cards he took out in my name after he got a bogus Order of Protection from me
- took out 2 million in fraudulent mortgage loans
- took out 5 credit cards in my name alone worth over 250k
- Got an on line loan for 25K
I can 100% prove all of this and right now I have paid a forensic accountant persuant to my divorce. The accountant will prove what I am saying and therefore I am not responsible for the financial irresponsibility that put me in this horrible position to have to file for bankruptcy.
The accountant started literally yesterday and owes a report by Nov 19.
I would, very much, not have to file bankruptcy, especially with this divorce and the fraud, I am afraid it will sink my credit and I wont have anyplace to live then I will have custody problems.
Can you please tell me if I can ask for a little time and if so how do I do it? I have an attorney for my bankruptcy but not my divorce, I paid for the forensic instead of an attorney.
Any help is greatly appreciated.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have an attorney for your bankruptcy, you must get your attorney to file to get a extension on the settlement with the trustee and the court. Your attorney will put in the motion for extension of time all of the evidence you have uncovered and the fact that the bankruptcy may be withdrawn if it is proven that your soon to be ex committed these fraudulent acts.

As far as your divorce, you would present all of these fraudulent acts to the court as part of the marital property settlement and ask the court to award you the bulk of the marital property as damages and also ask the court to order he pay these debts. You would also present the forensic accountant evidence to the creditors as well to prove fraud and ask them to pursue your ex for that fraud.

In addition you can bring your evidence to the DA to seek criminal prosecution.

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