Bankruptcy Fraud?

[Dodong]

This question concerns bankruptcy law in the state of New York.

I have a friend who filed bankruptcy and intentionally not diclosed certain fact regarding her case. She originally filed a Chapter 13 back in 1999. She was living in a mobile home at the time. She had over 53K in debt, and only repaid a little over $4,000 from 1999 to 2007 She didn't tell me the exact repayment schedule, just general numbers. Then in 2004 she moved in with a new boyfriend in another county in New York State. She rented the two bedroom mobile home to some acquaintences of hers, a couple with a young child. Then she converted her Chapter 13 Bankruptcy to a Chapter 7 still using mobile home as her primary residence, although she hasn't resided there since she began renting it out since 2004. She basically took the rent money and made the remaining mortgage payments with it. She didn't disclose any of these facts when she converted the Bankruptcy from 13 to 7. Is any of this legal?

[bigun]

I doubt your friend told you the full story. The only way to know for sure is to see what address she used on the Chapter 7 petition.
Remember, the trustee would have access to months worth of bank statements as well as knowledge about the mobile home since it was in the 13 and the 7 paperwork. She would have had to have accounted for the income. Trustees also ask for drivers liscences and insurance cards. Chances are a different address would have shown up on something.
Mobile homes depreciate rapidly. Very likely the value was well below any exemption and the trustee would have no interest in it anyway. I also doubt her lawyer would assist her in filing a fraudulent petition.
I'd just let it go.

[HomeGuru]

Originally Posted by Dodong

This question concerns bankruptcy law in the state of New York.

I have a friend who filed bankruptcy and intentionally not diclosed certain fact regarding her case. She originally filed a Chapter 13 back in 1999. She was living in a mobile home at the time. She had over 53K in debt, and only repaid a little over $4,000 from 1999 to 2007 She didn't tell me the exact repayment schedule, just general numbers. Then in 2004 she moved in with a new boyfriend in another county in New York State. She rented the two bedroom mobile home to some acquaintences of hers, a couple with a young child. Then she converted her Chapter 13 Bankruptcy to a Chapter 7 still using mobile home as her primary residence, although she hasn't resided there since she began renting it out since 2004. She basically took the rent money and made the remaining mortgage payments with it. She didn't disclose any of these facts when she converted the Bankruptcy from 13 to 7. Is any of this legal?

**A: it could be under certian circumstances. I am sure you are not privy to the complete story.