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Ask Maverick Your Own Question
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6420
Experience:  20 years of professional experience
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My husband filed after my divirce stipulation

Customer Question

My husband filed for bankruptcy after my divirce stipulation was filed.
JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: He formed constructive trust with his brother and business associate and reclaimed B/I corp and American Car Wash business.
JA: Please give me a bit more information, so we can help you best.
Customer: My question is
JA: Is there anything else the Bankruptcy Lawyer should be aware of?
Customer: Can I vacate his bankruptcy as well as filing a motion to vacate bankruptxy based on fraud, my ex now is a millionaire again
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. 1. When was his bankruptcy discharge granted?
Customer: replied 1 year ago.
Dec 2012
Customer: replied 1 year ago.
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Expert:  Maverick replied 1 year ago.
Within 1 year after the entry of his discharge [2012] the trustee, a creditor, or the United States trustee may request a revocation of that discharge if it was obtained through the fraud of the debtor, and the requesting party did not know of the fraud until after the granting of such discharge. In those situations, the objecting person will need to ask the bankruptcy court to reopen the case and at the same time file a motion to revoke [not a motion to vacate] the debtor’s discharge. Here is the law that applies. Below is the relevant section. (e)The trustee, a creditor, or the United States trustee may request a revocation of a discharge—(1)under subsection (d)(1) of this section within one year after such discharge is granted; or(2)under subsection (d)(2) or (d)(3) of this section before the later of—(A)one year after the granting of such discharge; and(B)the date the case is closed. I know this is not the answer you wanted to hear; but I am assuming you are paying for an honest and professional answer.
Customer: replied 1 year ago.
If my ex husband file for bankruptcy while acquiring constructive trust of his companies.
After discharge ,he regained 100 percent of the companies.
Can lack of good faith of admitting to Business ownership allow for a 4yr old bankruptcy to be vacated?
Expert:  Maverick replied 1 year ago.
Bankruptcy Code Section 350(b) authorizes the bankruptcy court to reopen a case for various reasons including to "administer assets, to accord relief to the debtor, or for other cause." Fed. R. Bankr. P. 5010 states: "A case may be reopened on motion of the debtor or other party in interest pursuant to 350(b) of the Code." So, you may try this approach and argue that your good cause is that there was no way for you to find out about the fraud until after the one-year time frame otherwise adopted had expired.