Legal Question in Bankruptcy in California

We the People advice

My wife and I are in the process of a divorce and bankruptcy. My wife no longer lives with me and has moved 700 miles away. Our ''We the People'' rep suggested that we file the bankruptcy as us still living together. He said that it would be easier for the trustee to understand. We go to court on Wed Sept 3rd for our meeting with the creditors. All of the information states that my soon to be ex wife is still living with me but she really is not. It also states her new checking account number and Schedule J. her current expenditures of individual debtors. I really don't know what to say to the trustee. We don't want to say that she is living here when she is not. Help what should we do.


Asked on 9/01/03, 9:16 pm

4 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: We the People advice

The others gave you the best advice.

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Answered on 9/03/03, 4:19 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: We the People advice

You've already heard you need to be truthful with the trustee, and it's better to learn that now than at the meeting of creditors, with the "Fraud will be severely prosecuted" posters on the walls.

You can amend the bankruptcy petition to show the accurate information.

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Answered on 9/02/03, 2:37 pm
Mark Markus Law Office of Mark J. Markus

Re: We the People advice

Well, I suppose you get what you pay for with "We the People"...Anyway, you need to amend your schedules to correctly reflect your status. If you are legally separated but filed your bankruptcy jointly (which is what I understand you to say), you will need to list both of your incomes on Schedule "I" and then do two separate schedule "J"s, one for each of you.

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Answered on 9/02/03, 12:07 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: We the People advice

You must be truthful. Falsehoods are dealt with severely. I agree with Mark's assessment that you amend the schedules. By the way, your wife must also appear at the creditors' meeting. If she doesn't, then it could imperil the entire bankruptcy. If you need assistance, consult a lawyer, not document preparers.

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Answered on 9/02/03, 2:23 am


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