Bankruptcy fraud

[jennifera]

What is the name of your state? Minnesota

My ex-husband filed a no-asset Chapter 7 in May 2003 and it was discharged August 2003. He lied on the petition regarding past income (by $40,000) and current year's income......he obtained a $50,000 salary two weeks after filing but did not report that to bankruptcy court. He checked the box "no" for pension plan.....but his pension plan was valued at over $300,000 in September 2003. He defaulted on a new car loan with a credit union on an unsecured $7,500 loan. He told his doctor in January 2003 that he'd was going to file.....but didn't file until May. He took out a second mortgage on his $250,000 home, gaining the $44,000 equity. Fraud??? If so, what should I do? Thanks a bunch!

 

[Ladynred]

Sounds pretty shady for sure.

His income should have been evident from his tax returns, how the heck did he hide 40K ? The Trustee most definitely would have taken that 50K if it was something he was going to get prior to filing, that's how Trustee's get tax refunds 6 months later !

His discharge COULD be revoked, but you'd have to make one iron-clad case to get the BK court to revoke his discharge. If you've got solid, documented proof of all this, then go hire an attorney - a BK atty who knows his stuff inside and out.

 

[jennifera]

Follow-up....

Thank you Ladynred for your response. Apparently he wasnt required to submit W-2's or tax returns.....just state whatever income he wanted to admit to receiving. His petition shows $80,000 for 2001 income, but his W-2 shows $118,000. For 2002, he stated $86,000 on the petition; W-2 shows $124,000.

Also the $50K I was referring to was the yearly salary for a position he took less than two weeks after filing. But he knew he would be taking the job at the time he filed; he did not disclose this new income to BK court. He just stated that he believed his income for 2003 would be $12,000. Would getting the $50K salaried position have precluded him from filing Chap 7?

Also, I know his $300,000 pension was safe, but isnt it fraud that he checked "no" for pension plan.....guess he thought it looked bad.

Should I send a letter with documentation (which I have) to the U.S, Trustee's office? Unfortunately I cant afford to hire an attorney to prosecute my ex-husband.

 

[Buck Barker]

Other than revenge, what motivates you? Does he owe you money? If not, perhaps it is time to just let go.

 

[HomeGuru]

Other than revenge, what motivates you? Does he owe you money? If not, perhaps it is time to just let go.

**A: I disagree. BK fraud is a federal offense.

 

[jennifera]

Dear Buck,

If you saw someone rob a bank and turned them in, would you be criticized for your motives??? Fraud is fraud. Bankruptcy fraud is a federal offense. Are you implying that the laws change in regards to someone's motives? Unless....your name is Opie Taylor........go waste someone else's time.

 

[oberauerdorf]

**A: I disagree. BK fraud is a federal offense.

And I totally agree. There are enough people struggling to raise a family with morals and values that don't make anywhere near $20,000 a year, much less what this jerk is earning.

It's fraud and there are little resorts located throughout the country just waiting for his ass.

 

[HomeGuru]

And someone like Big Bubba is also waiting for his new girlfriend.

 

[Ladynred]

ROFL, HG

I would say put together all your evidence along with documentation of his BK papers, and do send it to the Trustee that handled the case. For the Trustee to do anything, its going to have to be very compelling, so be specific and make it detailed.

 

[HomeGuru]

Yeah, make it an accounting War and Peace.

 

[Buck Barker]

Jenn,
Would your reaction be the same if it was your mother, father, sister, brother, or best friend that was committing BK fraud?

 

[oberauerdorf]

Give it a rest buck.

It's a crime. PERIOD!

 

[HomeGuru]

Why is Buck Barker up the wrong tree?

 

[azgrandpa]

Come on HG!

The EX is entitled to his defense attorney!

 

[Buck Barker]

Rolling through stop signs and driving 5 mph over the speed limit is also unlawful. How many Barney Fifes make citizen's arrests here? Once again, I don't condone BK fraud but I feel that revenge is the only motive here. Revenge hastily acted upon is not near as sweet as just laying in wait for the EX's world to come crashing down upon him and if his documentation does not support his filings------IT WILL-----with no help needed from Jenn.