What is the name of your state (only U.S. law)? Washington State
Nine months after my ex-husband and I spilt up he got involved with the Nigerian scammers. He was offered a profit if he would pose as this person who had a trust, appparently this person had the same name as he has. Haven't we all seen these scam letters in our inbox?.
He negociated terms and wired large sums of money he borrowed and sent a couple of laptops he bought ( to "prove he was serious"). He signed himself as the beneficiary on the trust to recieve a loan against the said trust. He recieved a check for 55k and deposited it into a private credit union. He proceeded to wire 50K of the 55k to a bank in Canada. Shortly thereafter the check was found fraudulent, leaving a -55k in the bank account. Now although we had been separated for nine months, and I had no knowledge of his business transaction at the time, I was held responsible by the bank because I was still listed on a joint account with him at the same bank. Note, although he made this transaction in his sole account, they debted all accounts he was first on. I consulted an attorney on the military base and he called the bank and concluded that I was responsible because I had signed something when the account was opened that gave the bank this right.
So my husband was destitute now and I was severely indebted. I took a second on my mortgage to pay the debt and spared my credit. I had the husband empty his 401K account to pay all he could. He agreed to pay me back on the loan. The following day after I discovered the defficet in the bank account, we had our court hearing for a legal separation. At the last minute we managed to make note that he would be responsible for the negative bank account on the court papers.
Thereafter, he made payments to me for about seven months before he decided not to pay anymore. I Motioned for a judgement stating that the debt arrouse from fraudulent activity on his part with a fraudulent organization. I did get the judgement order, however; now the ex has filed chp 13 bankruptcy.
The judgement order is dated Sept 14, 2007 and his first filed chp13, Nov 28, 2008. He dismissed his first chp13 And a week later later he refiled his chp 13 showing less income. He claimed a "financial burden" since his new wife wasn't working anymore. Her job quickly dissolved after I requested his paystubs and checking account statements which proved the 5 yr. plan.
He dismissed his plan due to "financial burden", however, I was objecting to his plan for several months due to the fact that he error on his stated income. I should also mention that the wife's unemployment status only lasted for 6 weeks- just long enough to make a difference in the length on the chp 13 plan. also, she went back to work at the same company as before and she was back at work three days before the first plan was dismissed. She claimed unemployed on her new chp 13 documents, but submitted two check stubs showing emplyment.
Now that he as refiled I have a problem, or not, I'm not sure. although the divorce papers don't mention the fraud, the judgemnt motion and declaration do. My only fraud exhibit was the cancelled check stamped "fraudulent" accross the face. The Judgement order itself does not mention the fraud, but the motion and declaration do.
I would like to prove fraud either in the civil or bankruptcy court. I can perhaps augue his intent which is easy to prove since I have all documents. Question is- would the court allow for a clarification on the judgement order in the civil court? Was the one exhibit enough even though I have the signed document of him trying to get a ficticous person's money? I could probably have the automatic stay lifted to pursue this in the Civil court, but what are the chances they will clarify and acknowlege the fraud intent and add the fraudulent working o the order? Clearly, if he was being an honest person, this would not have happened.
If I cannot get this clarified in Civil court, I might be able to fight dischargeabilty in Bankruptcy Court. Which is best? Any advice? It has been seven months since the judgement order was recieved. Is it too late and would this be considered a Clarification or modification? This might make a difference as to how the judge would rule, or if he would even hear the case.
I should also mention that when we filed the show cause motion the ex never opposed the fraud issue. He never challenged it, probably would not have stood a chance anyway.
Also, I don't know if there is anyhing I can do about how they refiled the case to manipulate their income.
Nine months after my ex-husband and I spilt up he got involved with the Nigerian scammers. He was offered a profit if he would pose as this person who had a trust, appparently this person had the same name as he has. Haven't we all seen these scam letters in our inbox?.
He negociated terms and wired large sums of money he borrowed and sent a couple of laptops he bought ( to "prove he was serious"). He signed himself as the beneficiary on the trust to recieve a loan against the said trust. He recieved a check for 55k and deposited it into a private credit union. He proceeded to wire 50K of the 55k to a bank in Canada. Shortly thereafter the check was found fraudulent, leaving a -55k in the bank account. Now although we had been separated for nine months, and I had no knowledge of his business transaction at the time, I was held responsible by the bank because I was still listed on a joint account with him at the same bank. Note, although he made this transaction in his sole account, they debted all accounts he was first on. I consulted an attorney on the military base and he called the bank and concluded that I was responsible because I had signed something when the account was opened that gave the bank this right.
So my husband was destitute now and I was severely indebted. I took a second on my mortgage to pay the debt and spared my credit. I had the husband empty his 401K account to pay all he could. He agreed to pay me back on the loan. The following day after I discovered the defficet in the bank account, we had our court hearing for a legal separation. At the last minute we managed to make note that he would be responsible for the negative bank account on the court papers.
Thereafter, he made payments to me for about seven months before he decided not to pay anymore. I Motioned for a judgement stating that the debt arrouse from fraudulent activity on his part with a fraudulent organization. I did get the judgement order, however; now the ex has filed chp 13 bankruptcy.
The judgement order is dated Sept 14, 2007 and his first filed chp13, Nov 28, 2008. He dismissed his first chp13 And a week later later he refiled his chp 13 showing less income. He claimed a "financial burden" since his new wife wasn't working anymore. Her job quickly dissolved after I requested his paystubs and checking account statements which proved the 5 yr. plan.
He dismissed his plan due to "financial burden", however, I was objecting to his plan for several months due to the fact that he error on his stated income. I should also mention that the wife's unemployment status only lasted for 6 weeks- just long enough to make a difference in the length on the chp 13 plan. also, she went back to work at the same company as before and she was back at work three days before the first plan was dismissed. She claimed unemployed on her new chp 13 documents, but submitted two check stubs showing emplyment.
Now that he as refiled I have a problem, or not, I'm not sure. although the divorce papers don't mention the fraud, the judgemnt motion and declaration do. My only fraud exhibit was the cancelled check stamped "fraudulent" accross the face. The Judgement order itself does not mention the fraud, but the motion and declaration do.
I would like to prove fraud either in the civil or bankruptcy court. I can perhaps augue his intent which is easy to prove since I have all documents. Question is- would the court allow for a clarification on the judgement order in the civil court? Was the one exhibit enough even though I have the signed document of him trying to get a ficticous person's money? I could probably have the automatic stay lifted to pursue this in the Civil court, but what are the chances they will clarify and acknowlege the fraud intent and add the fraudulent working o the order? Clearly, if he was being an honest person, this would not have happened.
If I cannot get this clarified in Civil court, I might be able to fight dischargeabilty in Bankruptcy Court. Which is best? Any advice? It has been seven months since the judgement order was recieved. Is it too late and would this be considered a Clarification or modification? This might make a difference as to how the judge would rule, or if he would even hear the case.
I should also mention that when we filed the show cause motion the ex never opposed the fraud issue. He never challenged it, probably would not have stood a chance anyway.
Also, I don't know if there is anyhing I can do about how they refiled the case to manipulate their income.
