Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

My wife filed a chp7 in fl ,she has a personal injury case

my wife filed a chp7...
my wife filed a chp7 in fl ,she has a personal injury case settled at 8k and her atty listed it a 2k and also a car sale was not put on the scheduale ,the truste has filed a case that she lied to him and is asking for all the moneies from sale ,and pip settlement and some rental income ,can he file criminal charges also
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: florida and no not yet ,he has filed complaint objecting to discharge pursuant to 11 us 8727, and has called her liar and said she commited fraud ,she did not he is crazy nothing done to hide anything ,our atty is a bad one and the truste asked him for 5k we paid him to turn it over to him
JA: Has anything been filed in civil court? If so, what?
Customer: only bankruptcy court so far
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 1 hour by:
10/15/2017
Legal Expert Justin
Category: Bankruptcy Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. Criminal charges seem very unlikely. The trustee wants to know why these funds weren't properly reported. If he is convinced it was an innocent oversight, you might have to turn over the funds, but you will not have to worry about being charged with a crime. Why wasn't the car sale put on the schedule?

Ask Your Own Bankruptcy Law Question
Customer reply replied 3 months ago
It qas 1.5 year ago and there was a lien that was never applied to tile so when sold that was another mess.what would be a sign he is looking to go criminal on her .all she asked was to turn into a chapter 13 and he the truste went on a tear

Did you receive any money from the car sale? Do you still have the entire 8k from the personal injury settlement? Do you remember if you used the state or federal exemptions?

Ask Your Own Bankruptcy Law Question
Customer reply replied 3 months ago
We told our attorney about the $8,000 settlement he failed to disclose most of it he only disclose mm of it on the paperwork for the trustee and the trustee is trying to blame us we paid the attorney the five grand from the settlement and the trustee asked the lawyer to refund him the money because it was not supposed to come from the personal injury case and he requested him send him the money. As for car sale yes we received 22k in 2015 that was used to pay personal bills we did not know we will filing bankruptcy 2 years ago
Customer reply replied 3 months ago
The trustee has asked us to turn over rent we received from one of our properties totaling 6k
Customer reply replied 3 months ago
From the paperwork I'm reading on this adverse paperwork it seems like he's trying to build a case of Lies but he's only asking for the case to be dismissed and thrown out he is asking for a denial of discharge pursuant to 11 USC8 727

Was this rental income reported? Is the attorney going to turn over the 5k to the trustee? Do you have any proof that you told the attorney the settlement was for 8k (such as email correspondence)?

Ask Your Own Bankruptcy Law Question
Customer reply replied 3 months ago
emails and in person we told him it was a 8k settlement . And on the money orders my wife paid She Wrote the payments will for a chapter 7 in a 13 and the first day we met with him we told him she had a settlement for $8,000 it was atty fault not to disclose full amount
Customer reply replied 3 months ago
the rental income was reported and yes I believe the attorney will turn over the $5,000
Customer reply replied 3 months ago
Trustee has filed a complaint objecting to discharge pursuant to 11 USC 877 and has listed many things that look like lies but they were not on every point he's asking and objecting to a discharge
Customer reply replied 3 months ago
My main question is can this be turned over into a criminal case ever and what would be the signs that would be being turned over or
Customer reply replied 3 months ago
Is there any way we can just say we want to pull out of this entire thing and cancel everything we are not looking for anything from the court anymore

If the trustee is objecting to the discharge, but you don't care if the case is discharged, then that would basically be the same as pulling out of the court entirely. The discharge would be denied and all your debts would remain.

It is impossible to say whether or not the trustee will want charges to be pursued. He does not have the power to file charges directly. All he can do is turn over information to the district attorney and they would decide whether to file criminal charges. Has a hearing been set regarding the objection? If so, when you show up, you can explain that these were all innocent mistakes. That would likely go a long way towards showing the trustee that there are no criminal acts here, even if the judge still decides to deny the discharge.

Ask Your Own Bankruptcy Law Question
Customer reply replied 3 months ago
Thank u!!

You are very welcome! I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

Legal Expert Justin
Category: Bankruptcy Law
Satisfied Customers: 236
Experience: Attorney
Verified
Legal Expert Justin and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask Legal Expert Justin Your Own Question
Legal Expert Justin
Legal Expert Justin
Legal Expert Justin, Attorney
Category: Bankruptcy Law
Satisfied Customers: 236
236 Satisfied Customers
Experience: Attorney

Legal Expert Justin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
What happens i file chapter 7 bankruptcy and judge denies my
Second opinion] What happens i file chapter 7 bankruptcy and judge denies my reaffirmation agreement...will they repo my car or will the co signer be able to keep it… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
What happens i file chapter 7 bankruptcy and judge denies my
What happens i file chapter 7 bankruptcy and judge denies my reaffirmation agreement...will they repo my car or will the co signer be able to keep it… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I am probably going to need to file a Chapter 7 bankruptcy
I am probably going to need to file a Chapter 7 bankruptcy in Minnesota because Geico is suing me for $100K for personal injures sustained by someone else that was involved in an accident. I am fighti… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
I have a chapter 7 in process in las vegas, nv. I have a
I have a chapter 7 in process in las vegas, nv. I have a court date set for a reaffirmation agreement for my mortgage. I would like to change my court date to a more current date. What motion with the… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I filled chapter 7 and discharged a mortgage with Wells
I filled chapter 7 and discharged a mortgage with Wells Fargo in 2009. I did not reaffirm the mortgage but I continued making payments for these eight years. I requested a payoff from Wells Fargo and … read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
I have filed a chapter 7 back in June of this year.. today I
I have filed a chapter 7 back in June of this year.. today I got into an accident to which the other party was at fault.. i has to go to the hospital... if I am … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,868 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Interested in information concerning personal chapter 7
interested in information concerning personal chapter 7 bankruptcy as a member of a 50/50 LLC … read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
Regarding my chapter 7 ProSe on the Reaffirmation $2000
Regarding my chapter 7 ProSe on the Reaffirmation $2000 behind on payments, $6000 equity in car Obviously, we don't want to be Repo'd with all that equity.My husband went to the reaff hearing today an… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
Regarding my chapter 7 Reaffirmation hearing tomorrow,
Regarding my chapter 7 Reaffirmation hearing tomorrow, husband is going without me. $2000 behind on payments, 6000 equity in car. When I try to talk to the people at "ascension capital" who do Cap1's … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
We filed chapter 7 bankruptcy in California with the intent
We filed chapter 7 bankruptcy in California with the intent on reaffirming the car.We are 90 days out with a report of no distribution and "awaiting discharge" on Pacer.We have $6000 equity in the car… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and
BANKRUPTCY: Debtor is filing Chapter 7 bankruptcy; and elected to surrender their vehicle. Can the Creditor repossess the vehicle while the bankruptcy case is still open? Debtor has not received a dis… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
BANKRUPTCY: A debtor wants to file a personal Chapter 7
BANKRUPTCY: A debtor wants to file a personal Chapter 7 bankruptcy and owns a small business. They are filing mostly consumer debts. Can the Debtor continue to run their small business and generate in… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
My questions center around Chapter 7 bankruptcy. We have
My questions center around Chapter 7 bankruptcy. We have consulted with local attorneys, and want to verify the information we have received. We live in California, and have a household of 3 people (m… read more
socrateaser
socrateaser
1,442 satisfied customers
If you file a chapter 7 bankruptcy and I own a house free
If you file a chapter 7 bankruptcy and I own a house free and clear that's worth 15000 can I keep the house? if so do I have to claim it as an exemption… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
This is a Chapter 7 question. The Debtor was unemployed for
This is a Chapter 7 question. The Debtor was unemployed for 4 of the last 6 months, having worked the last 2 months. Her currently monthly income amount is above the local median, but averaged over th… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
My parents filed chapter 7 bankruptcy. They received a
My parents filed chapter 7 bankruptcy. They received a letter back from the attorney they hired and the letter stated, "they are over the limit on the allowable exemptions for a chapter 7".What does t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Can I rent to own a home in Tennessee with chapter 7 and
Can I rent to own a home in Tennessee with chapter 7 and chapter 13 bankruptcy on my credit?… read more
Loren Stone
Loren Stone
481 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x