Ex husband filed Ch.13 on marital debt and fraud?
I have been divorced since 2002.My ex has filed chapter 13 against his marital debt in an effort to avoid having his property sold via a writ of execution to satisfy this debt. It is 4.5 acres of unimproved commercial property that is currently listed with a realtor for million. However, the realtor has an erroneous address to this listing on his web site and my ex has another erroneous address on his chapter 13 documents. He is also claiming in his Ch. 13 the land is only valued at ,000. which is obsurd.
Another thing that is maddening is that he talked me into signing for a 2nd on this property shortly after we were married in 1993 because he did not qualify,and was subsequently assigned this loan in our divorce ( he owned the land prior to our marriage) . He never Refinanced and has been chronically late with payments,even allowing it to go into default a few times, all on my credit,,AND now he has that loan also listed on his Ch. 13 he’s filing against,,,,which will effectivly be on my credit as well…I’ve now had to hire another Atty ( BK atty) to help me with this $$$
How do I expose his lies about the erroneous addresses he’s using. My Atty is scratching his head about this.
Geez, my credit has been mutilated by this jerk and I cannot move on with my life. He’s was a free loading bum who abused me I supported pretty much through-out our marriage,,and now a ball and chain I can’t seem to shake loose. In a Ch. 13 he will be making payments to me for the next 5 years if it’s confirmed by the court next month..HELP!!!!!!
P.S
With regard to the answer by ‘AJJ’..Sorry, but I’ve seen the movie "Slum dog Millionaire" perhaps you should too.
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4 comments
Jersey Boy on January 27, 2010 at 2:13 pm
Your attorney needs to consult with a bankruptcy attorney to research the filing. There may only be a short window for you to put a claim in and in fact since he owes you marital support you may have preference over other debtors.
The other issue your attorney needs to address is the fact to keep any debt your ex husband owes separate from you. By signing the second mortgage when you were married you are still on the hook for the debt, however you own part of it as far as this debt goes even if your ex husband owned it prior to marriage.
It sounds like your attorney is outside his expertise, you need to have him suggest an attorney that can handle the bankruptcy piece.
Good luck.
sunshine on January 27, 2010 at 2:13 pm
Contact the Bankruptcy court and provide proof of fraud
Ajj on January 27, 2010 at 2:13 pm
Come to India and u ll see real marriage… though exceptions are there. but u ll find how people really love their life partner… i pity West.
wkt37211 on January 27, 2010 at 2:13 pm
When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. ยง 1302. As bankruptcy is a public record you should be able to find out who that trustee is and contact them and explain the situation. You should be listed as a creditor and receive a letter from the court which leads to a meeting of creditors. You have the right to appear at that meeting. ALSO, your ex had/has to swear under oath that the information is true and accurate. Bankruptcy Courts look upon intentional misrepresentation very critically and this could cost him his bankruptcy claim. His attorney could hold some liability as they bare some responsibility in the accuracy of the information. The realtor should know where the property is(duh) and if it is an intentional misrepresentation they could have some liability as well. If you are in a one party state(google it), call the realtor, or have someone call for you, and ask about the property and record the conversation. See how the realtor deals with the address info. Go to your County Court Clerks or property tax office(they have an appraisal for tax purposes-usually too low) and get a copy of the property record and get it notorized. Send a registered letter with a copy to the realtor and his attorney. Take it to court with you. It’s hard ball time! Pay for a property appraisal–probably cheaper than an attorney. It sounds like your attorney is an objection shy of the bar exam!