Legal Question in Bankruptcy in Massachusetts
Who can request a bankruptcy fraud.
As a creditor I am in the process of filing adversary procedings under 523(a)(4) and 727(c). during the creditors meeting, the debtor admited to under reporting assets, the trusee has file a limited objection to debtors claims and scheduled a nonevidentiary hearing.
The debtor not only admitted not reportting certain assets, he also wrote false statement in his schedules. I have been chasing this guy for 3 years to return a real estate deposit. My concern is, what happens if he withdraws his bankruptcy papers knowning he has been found out, in order to advoid bankrupcty fraud . Can a creditor request the trustee or the judge to move to press charges for fraud if he decides to voluntarywithdraw his bankruptcy?
1 Answer from Attorneys
Re: Who can request a bankruptcy fraud.
In chapter 7, a debtor does not have the right to dismiss (which is the correct term instead of "withdraw") a bankruptcy case; only the judge can dismiss it, and usually it is unlikely that the judge would do so. If you think the debtor should be denied a discharge, you should have an attorney assist you with the complaint so that it is done correctly and on time; don't try it yourself!
David Baker
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