STBX is saying fraud!!!

[kdowd771]

What is the name of your state? TX
I just had my 341 hearing about 2 weeks ago. Everything went fine no creditors showed up except my stbx who I am still going through a divorce with. She requested a jury trial and I have been waiting almost a year for the trial. No kids, assets were surrendered in the BK. had 40K in CC debt.

She showed up at the 341 hearing trying to protect her interests in the 2 houses I surrendered. Basically the trustee told her to talk to the mortgage company. I just mailed out my first of 60 payments the other day.

Well she just sent me a email threatening me that she was going to write a letter to the BK trustee stating I committed fraud!!! She alluded to in the hearing that my income was not accurate and I was mis-stating. I know I did not and I provided the documentation to the BK lawyer showing what my income was.

1. What happens if she writes this letter alleging fraud?
2. How can I get the letter IF she actually writes one?
3. My BK lawyer said I do not have to have EVERY SINGLE receipt to prove where the money went but if this progressess into a big mess will I then?
4. What proof does one need to prove fraud?
5. Is it enough for someone to SAY fraud with no proof for the BK to be denied?
6. How will this effect the lift of stay I am trying to get?


HELP!!!!

[Ladynred]

Hey Ken,

Considering your story about the STBX, this doesn't surprise me at all ... she's grasping at straws and feeling the pinch !!

1. What happens if she writes this letter alleging fraud?

The Trustee reads it and if he/she thinks there's enough merit to her accusations, there will probably be a hearing.

2. How can I get the letter IF she actually writes one?

I'm not 100% sure on this, but if there's a hearing, you may be allowed to request discovery - your lawyer can certainly handle it.

3. My BK lawyer said I do not have to have EVERY SINGLE receipt to prove where the money went but if this progressess into a big mess will I then?

Probably not, its just not alwasy possible to do such a thing. I don't know anyone who can lay hands on EVERY SINGLE receipt they ever had.

4. What proof does one need to prove fraud?

Lots. She's going to have to have to make a VERY convincing case and have plenty of proof to back up her claims.

5. Is it enough for someone to SAY fraud with no proof for the BK to be denied?

No, its not.

6. How will this effect the lift of stay I am trying to get?

Are you trying to life your own stay ?? It could delay it, it may not, depends on the circumstances.

[kdowd771]

Ladynred

Thanks so much for your answers.
Yes I am trying to get my own stay lifted so the divorce can proceed. I filed paperwork back on July 16th for the judge to sign. As of right now still no paper.

My STBX in her email said she WAS going to write a letter to the trustee and mail it to them, I assume that has not been done yet and that it has not held up the lift of stay yet. BK lawyer is saying the judge is just probably busy

Either way this is just more being added to an already ridiculous case that I have been going through for the past 1 1/2 yrs.


ANother question
Would I have to prove everything I put done on the BK in a divorce hearing? I am sure it will come up. I have SOME receipts for the major stuff but not all of them.

[Ladynred]

I wouldn't be surprised if the BK comes up in the divorce proceedings. However, you're talking state law vs. Federal, and Federal trumps state in most cases, so I doubt anything the state court does would have much, if any, effect on your bankruptcy.