Legal Question in Bankruptcy in Massachusetts

Concealed assets in Bankruptcy

The first question you need to ask is whether the misrepresentation was deliberate, and whether it was significant. If the ex-spouse stated that his bank account was $2,000 when in fact it was $2,023.54 -- then no one is going to get really excited. We all make mistakes from time to time, but every mistake is not a "lie". If there is fraudulent intent, then that is a different matter. Keep in mind that the financial disclosures are done as a "snapshot" of assets at a point in time, and the picture changes as time marches on. If the ex-spouse filled out the bankruptcy forms, and then his financial situation changes (which it will), then there may be a situation in which his financials were accurate when he submitted them to the bankruptcy court.

Be very careful about "blowing the whistle" on your ex-spouse. If it was a joint bankruptcy, you could have some liability, or at least your assets could be put under a microscope. Even if what you say is true, you might be liable for defamation, and you could get sued for making statements that damage him and his business. An attorney would help you protect yourself against liability, and could give you advice on who, if anyone, you could or should contact. Please be very careful.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.