Bankruptcy Fraud / revocation of discharge

[sdo1]

What is the name of your state? Illinois

I am currently in the process of getting a debtors bankruptcy discharge revoked for numerous acts of fraud This should happen in a couple of months. Assuming this happens, I want to be prepared to collect from this debtor.
Six months before filing, the debtor's new fiancee bought a 1.65 mil house and currently has a 1.2 mil mortgage on it(450k equity). The debtor moved in and they got married. They now have a child together as well. The house is in the new husbands name only (obviously this was planned before the bankruptcy).
I assume after discovery, I will find that funds are being comingled between the spouses. In addition, the debtor claimed a 5k per month housing expense on the bankruptcy schedules (but declared no property). This I feel incriminates the debtor. They are saying "I'm paying for a house that is in my husbands name, but I don't own it.

Can I go after this house after the discharge is revoked?

 

[JETX]

Can I go after this house after the discharge is revoked?

Uhhhhh.. NO. What makes you think that you can go AFTER any house with an unsecured, unlitigated debt???

 

[sdo1]

I am currently forclosing on her last house. I anticipate getting around 500k out of it. Since she owes me over 1 mil, I will get a shortfall judgement for the balance owed. Again.....Assuming the discharge does get revoked as well, she will still owe me the balance. Again**************Assuming through discovery, I can prove that she is paying for her current house (even though it's under her spouses name), I should be able to get a court (bankruptcy or otherwise, to allow mw to lien the house)

Does this better explain?

Thanks

 

[JETX]

I am currently forclosing on her last house.

Means nothing, since you (presumably) have a security interest in it.

I anticipate getting around 500k out of it. Since she owes me over 1 mil, I will get a shortfall judgement for the balance owed.

Kind of a leap at this point.... assuming you will get a judgment.

Again.....Assuming the discharge does get revoked as well, she will still owe me the balance.

Not necessarily as that depends on LOTS of factors.

Again**************Assuming through discovery, I can prove that she is paying for her current house (even though it's under her spouses name), I should be able to get a court (bankruptcy or otherwise, to allow mw to lien the house)

Again, huge leap. First, your post says that the house was his property PRE-marriage, so she has NO ownership claim to it.... and absent her name on the property (or a long and EXPENSIVE, SUCCESSFUL lawsuit.... unlikely in my opinion), you have NO claim against the property... even if you had a valid claim against her.

Does this better explain?

Only provides confirmation that your logic is flawed....

 

[sdo1]

Lets forget about the huge leaps for the time being. I cannot begin to explain what has transpired in the last year and a half (litigation wise). For the purpose of this conversation, you just have to take my word on it.

I have a prove up date of 6/27. My prove up amt is around $1,050,000.00. I have a court order that granted me access to the property. I showed it to a couple of real estate agents to get an idea of the value. I will get around 500k out of it after I purchase it at auction and put around 45k into it (unless I get outbid - which I hope happens) It's worth around 1.65 mil - I have to buy out the 1st and taxes at auction. After that, I will get a shortfall judgement. Not a leap at all, that's how it works.

Again... not a leap- Her discharge will absolutely be revoked. Assuming this and the fact that I can prove she and her new husband are BOTH paying for the new house, I don't see why a court would not let me lien the house. What I'm saying is that I will be able to prove that she paid for the new house and just put it in her husbands name for the purpose of hiding the asset. By the way, the timeline fits as well. She moved out of the house I'm forclosing on and immediately into the new house that was purchased the same month. She got married a month later, then she filed for bankruptcy a few months later.

Assuming all of the above is correct, I think I have a great chance.

By the way I have two attorneys working on this for me. One real estate attorney for the forclosure and one bankruptcy for the same... They both agree that if we can prove it, we can go after the house.

The purpose of my post was to see if anyone had any experience with the same sort of thing.

Thanks for the comments.

 

[Ladynred]

Her discharge will absolutely be revoked.

How are you so certain ?? Has the bankruptcy court already ruled to do so ?? She IS allowed to defend herself.

Assuming this and the fact that I can prove she and her new husband are BOTH paying for the new house, I don't see why a court would not let me lien the house.

It does not matter who is paying for the house, HER NAME IS NOT ON IT and it's a pre-marital asset of HIS. IL is NOT a community property state, she has no interest in the asset as far as the law is concerned. The chances of you being granted a lien against property that is NOT HERS are pretty slim.

I will be able to prove that she paid for the new house and just put it in her husbands name for the purpose of hiding the asset.

You'd better have 100% rock solid proof of your accusations - absolute proof of the funds coming from HER accounts/assets, to him, for the purpose of buying the house and putting it in his name for the express purpose of hiding the asset.

Don't count your chickens before they hatch. This sounds like some kind of vendetta.. or a jilted EX

 

[sdo1]

No, not a jilted ex.

Her ex husband bought my business. I held paper and made both of them sign.

She declared bankruptcy on 97k and didn't notify me. She ammended the filing like a week before and added 2.1 mil to the total and added me. However, she did not notify me nor my attorney which was forclosing on her last house. This was just one of many, many, many, many things.

When I said "take my word for it", I meant it.

I do realize what you are saying, but I know (not 100%, but 99.9999999999%) that I can prove she supplied part of the down payment and mortgage payments for the new house.

Not that it matters and I hate to use this card, but these people are from pakistan and make around 550k per year. It's a no brainer when it comes to piercing the vail.

Like I said before, I have two attorney's working on this. I just wanted to get more input.

Thanks again for your comments.

I don't have discovery on

 

[sdo1]

Now Have proof

Through discovery, we now have proof that her funds were used to purchase the new house that she and her new husband live in.

Since the last post I have been to the prove up on the first house and have a judgement of forclosure for around $1,075,000.00. The sale date is Aug 3rd. The 1st mortgage is around 650k. I'm planning on buying the house and flipping it. (unless of course I get outbid) I'm ok with that because I own everything after the 650k