Separated from spouse fraudulently bankrupt.
I have been separated and seeking divorce from my spouse. My spouse declared bankruptcy to avoid the division of assets and to avoid paying out the debts, which were credit cards and taxes. My spouse’s fraudulent bankruptcy has now been discharged. My spouse has placed all the assets in other people’s names to show no ownership of assets and also no income, threatening to ask for support even though my earnings are less than one third. I have been completely helpless in reaching an agreement as the answer I am always given is there’s no money or assets to divide even though I know otherwise since my spouse is still using the same company, boats, cars, and homes as when we were married, with a few more new ones added in. I can’t afford legal help as I do not make enough money. I understand I am not liable for any of the debts as I never signed for anything. Is this true? The trustee does not care it was a fraud. I was told to mind my own business as I was not a creditor an
d the trustee even told my spouse I was trying to block the bankruptcy causing a massive argument. Please help me! I find it amazing that it is so easy for someone to rack up so much debt and simply walk away laughing at everyone. What should I do? Everyone tells me to just walk away, but, it is not fair my spouse still fraudulently owns everything while I have nothing. Please let me know if I am liable for any of the debt since we were married and also will my spouse really get away with it so easily?
If you are convinced your ex committed some sort of offence then I suggest you put your concerns in writing and send them to his trustee. You also want to send a copy to the Office of the Superintendent of Bankruptcy (OSB).
If you want something to be done about it, you can’t simply say, “I think my ex has hidden assets” or that “he fraudulently trnasferred them to other people before he filed”. The trustee and the OSB will need more specific information. Without specifics your letter will simply sound like a disgruntled ex trying to make trouble for their spouse, instead of a concerned citizen trying to make certain that the system is not abused.
I know you’ve said that you can’t afford a lawyer, but you really need to talk to a family law specialist if you think he’s hidden all of this “stuff”. You are likely entitled to 50% of whatever he’s hidden – in which case you may very well be a creditor of his estate.
Start with the letter – remember to be a specific as possible.