Getting Crucial Documents

[faw11]

What is the name of your state (only U.S. law)?Penna.
My attorney never got crucial 401k and credit card financial documents during divorce trial from my ex.The 401k is with my exs employer, and all the credit card debt and other loans were in my exs name only. I am not allowed to get the documents myself (they are all in my exs name only), yet I am being held responsible by the courts for the debt.My attorney requested some of them during the trial, but my ex never produced them.When my ex refused to produce the documents my attorney never pursued(or forgot, my attorney forgot a lot of important things during the trial) the documents, or filed anything to force my ex to provide the documents. Trial and appeals are over, my attorney now tells me I can not get the documents.These documents will show my ex hid over 420,000.00 from the courts and me. What can I do now, If I can not get these documents, I can not show my ex committed fraud,I will not get the money due me, and I will be forced to declare bankruptcy.

 

[mistoffolees]

What is the name of your state (only U.S. law)?Penna.
My attorney never got crucial 401k and credit card financial documents during divorce trial from my ex.The 401k is with my exs employer, and all the credit card debt and other loans were in my exs name only. I am not allowed to get the documents myself (they are all in my exs name only), yet I am being held responsible by the courts for the debt.My attorney requested some of them during the trial, but my ex never produced them.When my ex refused to produce the documents my attorney never pursued(or forgot, my attorney forgot a lot of important things during the trial) the documents, or filed anything to force my ex to provide the documents. Trial and appeals are over, my attorney now tells me I can not get the documents.These documents will show my ex hid over 420,000.00 from the courts and me. What can I do now, If I can not get these documents, I can not show my ex committed fraud,I will not get the money due me, and I will be forced to declare bankruptcy.

Debt:
You say that the debt is in your ex's name only. Why would the creditors think you are responsble? The next time you get a letter or call, ask them for proof that you owe them money. One of three things will happen:
1. If your name is not on the debt, they won't give you the documentation. You can tell the creditors to pound sand since you're not responsible for a debt that isn't in your name. (any court ordered issues are between you and your ex, not the creditors).
2. If your name IS on the debt, they will give you the documentation. If you didn't sign the loan documents and your ex forged your name, you can go to the District Attorney to have your ex charged with fraud and challenge the creditors to prove it was your signature.
3. If the COURT ordered you to pay a portion of the debt, and you've found that the numbers provided by your ex are fraudulent, you can ask the court to change it on the basis of his fraud. If, OTOH, the numbers are accurate but you simply can't get the documentation, then ask the court to order it again.

Assets:
This one's trickier.
If there is an asset which you had no way of knowing about and it suddenly comes to light, you can go back to the court to ask for the decree to be revised in light of the hidden asset. In some states, the court has the discretion to give you more than 1/2 of the asset as punishment for your ex hiding the asset.
However, the assets that you knew about are a different matter. You knew about the 401K by the fact that you requested it from him. You let the divorce go through without all the documents and have probably waived any rights to them (your attorney should have stood up at the final divorce proceedings and said "Your honor, we would like for the divorce to proceed, but stbx has not provided the documents that you ordered and we are unwilling to accept final settlement without them". The judge would probably have ordered the divorce to be final but held the property settlement open until the documents were produced).

Your details were a little sketchy. In order to get better advice, though, you need to answer the following questions:
1. What is the total amount of debt that was not disclosed before the divorce?
2. Of that debt, how much of it are you a co-signer for?
3. What are the total assets that were not disclosed before the divorce?
4. Of those assets, how much debt goes with them.

 

[anteater]

If I can not get these documents, I can not show my ex committed fraud,I will not get the money due me, and I will be forced to declare bankruptcy.

So... Your financial situation has changed drastically in the last 3 days?

10-15-2009, 04:32 AM
My ex is filing chapter 13.Can my ex discharge the court ordered settlement that is due me. I am very well off financially, do not need any money.

https://forum.freeadvice.com/consumer-bankruptcy-2/bankruptcy-divorce-settlement-488519.html

10-15-2009, 05:11 AM
My ex is declaring bankruptcy to get out of paying me the court ordered settlement, no kids or alimony involved.I do not need the money,I am very well off,my ex does need the money.Will my ex be able to do this?

https://forum.freeadvice.com/divorce-separation-annulment-36/bankruptcy-divorce-488521.html

 

[mistoffolees]

So... Your financial situation has changed drastically in the last 3 days?



https://forum.freeadvice.com/consumer-bankruptcy-2/bankruptcy-divorce-settlement-488519.html



https://forum.freeadvice.com/divorce-separation-annulment-36/bankruptcy-divorce-488521.html

Wow. Just wow.