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

My wife filed a...

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

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

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

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Only bankruptcy court so far

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Answered in 1 hour by:
10/15/2017
Legal Expert Justin
Category: Bankruptcy Law
Satisfied Customers: 236
Experience: Attorney
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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?

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Customer reply replied 10 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?

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Customer reply replied 10 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 10 months ago
The trustee has asked us to turn over rent we received from one of our properties totaling 6k
Customer reply replied 10 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)?

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Customer reply replied 10 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 10 months ago
the rental income was reported and yes I believe the attorney will turn over the $5,000
Customer reply replied 10 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 10 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 10 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.

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Customer reply replied 10 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
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