My ex filed for divorce, which is OK by me (She's the adulterer,that doesn't matter) However she filed an interim motion prior to the final trial to receive property for the time being until trial. Within that motion she filed sworn financials. 2 weeks after the interim judgemnt I received her bankruptcy papers, listing me as a creditor but with completely different financials to the BK lawyer. Now I am stuck with all of the debt, which far exceeds the assets. No judgment has been rendered regarding marital assets yet...what can I do?
2007-01-14 04:58:18 · 9 answers · asked by radarjet67 1 in Family & Relationships ➔ Marriage & Divorce
YOU need to take the first step and provide your Attorney (in the divorce) with the filing and name of the attorney in the Bankruptcy case ... and by the way ... it seems like you have already done this .. but also provide the complete printout where you compared her financials from the divorce filing to the bankruptcy filing ... and make sure that this is FILED RIGHT AWAY with the Divorce Court, as well as the Bankruptcy Court.
YOU are (unfortunately) going to have to respond to TWO sets of Court Cases -- BOTH this Bankruptcy as well as the Divorce .. and the complete tracks of actions should be AVAILABLE FULLY to BOTH sets of Cases ... Because ... they are RELATED ...
NOW .. I would definitely have your attorney in the Divorce Case put this comparison information in a filing with the Divorce Case, and then just change the case number/Atty of Record and file the SAME information in the Bankruptcy Case.
IT also may behoove you to ask about whether or not there is some fraud involved here ... and that is something that I would suspect. YOU need to ask that question to your attorney, and your attorney needs to modify the filing so that you are NOT unfairly burdened by extreme amount of debt that your soon-to-be ex is bound and determined to saddle you with
2007-01-14 05:16:13 · answer #1 · answered by sglmom 7 · 0⤊ 0⤋
For a very similar situation a found a great solution at: CREDIT-AND-FINANCE.COM-
RE She filed for Divorce, submitted sworn finances, then filed for bakruptcy with different finances prior final?
My ex filed for divorce, which is OK by me (She's the adulterer,that doesn't matter) However she filed an interim motion prior to the final trial to receive property for the time being until trial. Within that motion she filed sworn financials. 2 weeks after the interim judgemnt I received her bankruptcy papers, listing me as a creditor but with completely different financials to the BK lawyer. Now I am stuck with all of the debt, which far exceeds the assets. No judgment has been rendered regarding marital assets yet...what can I do?
2014-10-12 02:15:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Appeal to the Bankruptcy court with a copy of the first financials you received and a letter stating that you think she is trying to do something illegal in relation with your divorce settlement - as soon as possible. You might want to talk to a lawyer too - if you do, consult the attorney before you mail anything to anyone.
Peace!
2007-01-14 05:04:03 · answer #3 · answered by carole 7 · 0⤊ 0⤋
Get a lawyer and hope he is better than the one she has! Really, dude, you need representation here. I don't think she is filing these motions in court - her lawyer is. Yea - get a Lawyer - FAST!
I know you might be hurtin' but if you don't act quickly, you could be holding the bag without any recourse. You might tell yourself you can't afford a lawyer - you can't afford NOT to hire one. Good Luck!
2007-01-14 05:09:28 · answer #4 · answered by Thomas L 1 · 0⤊ 0⤋
file motion to reconsider the interm judgement with the conflicting financial documents provided by your ex wife. Make sure you include them with the motion, most judges won't accept documents not submitted with motion during the hearing. they also will look very unfavorable on her lying to the court. Good luck
2007-01-14 05:05:29 · answer #5 · answered by singledad 7 · 0⤊ 0⤋
If she is bankrupt - I am guessing you have claim to the marital assets. However, I am not an attorney - why don't you ask one of those? Noone here is going to have the exact answer. Your best bet is ask a professional at law.
2007-01-14 05:02:31 · answer #6 · answered by Michael, Count de Berçon 2 · 0⤊ 0⤋
You forward ANY AND ALL information that you have to your lawyer IMMEDIATELY. She has sighed fraudulent financial statements and that is a crime, your lawyer must contact the judge and make sure everything is on the level, you cannot get stuck with all this debt. Make sure your lawyer does his/her job.
2007-01-14 05:03:39 · answer #7 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
SUE her sorry butt. She screwed you over big time
2007-01-14 05:01:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Beat her azz.
2007-01-14 05:02:03 · answer #9 · answered by Sophie D S 2 · 0⤊ 0⤋