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Accused of fraud

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What is the name of your state? TX
I filed a chpt 13 back in May of 03. Had my 341 hearing in Aug and have been making timely payments since then.
My STBX (who was initially listed as $0 debtor) filed an objection to my BK alledging fraud, and a whole gaggle of other crap. She did this in a personal written letter to the BK trustee with no facts or proof. She then filed a claim, Oct 03, against me for $96,000 and is screaming fraud again.

Nothing has been done since then and I am not sure when or if anything will be done. My confirmation is scheduled for Mar of 04.

My question is this: Who is the burden upon? Does she have to prove fraud? or do I have to prove there is NO fraud?

FYI No fraud has been committed and everything that was filed and claimed has receipts and documentation to back it up.


Senior Member
Hey Ken,

Geez.. your STBX sure is kicking and screaming all the way !!

If she's going to claim fraud - again - she's going to have to be able to produce enough evidence to get the BK court to look further. If you and your lawyer have all your documentation and everything's out in the open, then you likely have nothing to worry about. Basically, if you're not hiding anything, there's nothing for the STBX's tantrums to 'discover'. She's just highly pissed that she'll get stuck with her own debts for a change !


Thanks Ladynred
Yes this is still a circus of a case. A Jan 20th date is set for the divorce hearing. Hopefully it will be finally done. All day long for a case with no kids and I am in bankruptcy!!!

Funny thing is she filed a $96,000 claim on tyhe BK but in mediation she would have settled for $20,000 cash. I am dumbfounded on this and so is my lawyer.

It all is just a case of someone throwing a temper tantrum and trying to get their way.

Another question for ya:
Why does the trustee accept a objection/claim with no proof?

I understand what it means when someone files a claim, basically that they were owed "x" amount of dollars.
But what does it mean when someone objects to a BK?
Thank you for all your help.
You have helped more people than you realize with your posts.


Senior Member
Basically, what she's objecting to is the discharge of the debts and since that includes her, it would benefit her to screw you this way. She's going to end up holding the bag and being accountable for her spending habits if you can continue with your BK. She.. she files an objection to the whole thing.

Why a Trustee would entertain such an objection w/o proof is a good question. I would imagine that since its a motion filed with the court, they have to at least listen to her objection. If she can't make her case for the objection, she's just not going to win. It'll have to be stronger than a mere temper tantrum.


Senior Member
"Why does the trustee accept a objection/claim with no proof?"
*** What do you mean 'accept'?? Of course the Trustee must investigate any claims of fraud that are made, even those by a hysterical ex. That does not mean that the charge has been 'accepted'. Your only concern is if the Trustee determines that there is or may be validation to the claim being made. If the filing is as honest as you claim, you should have nothing to worry about.

"I understand what it means when someone files a claim, basically that they were owed "x" amount of dollars.
But what does it mean when someone objects to a BK?"
*** Any creditor can file a challenge to a bankruptcy petition. Especially if they feel (rightly or wrongly) that fraud is being committed. The assigned trustee must then review the allegation that was made to see if there is any validity in it. That is all that appears to be happening in this case.

My suggestion, calm down and do not let her actions bother you. If you have support for the claims made in your petition, you have little or nothing to worry about and her complaint will be seen for what it clearly is.

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