Comments on: Ex husband filed Ch.13 on marital debt and fraud? http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm Fri, 21 Oct 2011 00:09:40 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jersey Boy http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm/comment-page-1#comment-2134 Jersey Boy Wed, 27 Jan 2010 19:13:33 +0000 http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm#comment-2134 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. 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.

]]> By: sunshine http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm/comment-page-1#comment-2135 sunshine Wed, 27 Jan 2010 19:13:33 +0000 http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm#comment-2135 Contact the Bankruptcy court and provide proof of fraud Contact the Bankruptcy court and provide proof of fraud

]]> By: Ajj http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm/comment-page-1#comment-2136 Ajj Wed, 27 Jan 2010 19:13:33 +0000 http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm#comment-2136 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. 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.

]]> By: wkt37211 http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm/comment-page-1#comment-2137 wkt37211 Wed, 27 Jan 2010 19:13:33 +0000 http://aspenfinancialgroup.com/ex-husband-filed-ch-13-on-marital-debt-and-fraud.htm#comment-2137 When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 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! When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 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!

]]>