Legal Question in Bankruptcy in New Jersey

filing of chapter 13 was done with intent to defraud.

My ex husband has filed chapter 13 and is trying to place me in his bankruptcy for our equitable distribution of the business. He is trying to pay me back over the next five years but at a lesser amount than stated in the divorce decree. I also happen to have information that this bankruptcy was done with intent defraud me and the credit card companies all cash advances were take over a four year period he is now discharging approx. $44,000 off. Is there any agencie that look into such matters. What do I have to file????


Asked on 9/02/03, 10:58 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: filing of chapter 13 was done with intent to defraud.

If you feel that any fraudulent action has been taken, it needs to be brought to the attention of the trustee. And, if you have a private interest that needs to be protected, you will need to challenge it in the Bankruptcy Court by way of filing an Adversary Proceeding and/or a challenge to the Confirmation of the Plan. While you may be able to do this individually, your interests would likely be protected better with an attorney. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 9/02/03, 11:17 am


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