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MLilith's deleted thread

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Antigone*

Senior Member
Bankruptcy and divorce

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What is the name of your state (only U.S. law)? Arizona
I have this "friend" that was married to this guy and recently divorced. Her ex husband filed for bankruptcy in 2009, while still married. He filed individually and lied and told the court he was "legally seperated" (which he was not).
Needless to say he got away with the petition. Any way...fast forward. In the divorce he laid claim to half of my "friends" 401K account. She did not know it could be questioned as Arizona is a community property state and her attorney never questioned it. The divorce decree awarded 1/2 to her ex. Before the QDRO could be performed, she went back and looked at the bankruptcy and saw he never claimed an interest in any 401K, which is required under full disclosure. One schedule specifically asks...any interest in a retirement or 401K account. He put "none". In fact, he claimed NO assets, despite the fact that he is a benificiary to a very sizeable family trust. (He failed to list stocks, CD's, and life insurance as well).
Can my "friend" have the QDRO blocked now through judicial estoppel as he clearly never claimed any interst in it. And estoppel prevents a perty from claiming one position in a preceeding and then a completely different position in another proceeding, for their own benifit or to the detrimate of the other party.
And while I'm at it....His attorney threatened criminal action if she turned the ex over to the feds. Can he have sanctions for doing that? AND in bankruptcy fraud, is each count in an inditment punishable seperately, like, since he lied at least nine time in his petition, is it 5 years, 250,000$ or that times nine?
Thanks!!


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#2 Today, 05:59 AM
ecmst12
Senior Member Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 27,540

Have your friend come sign up and ask her own questions.
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DISCLAIMER: THIS IS MY SIGNATURE. IT IS NOT DIRECTED AT YOU PERSONALLY.

Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years.

Quote:
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If it matters, Ecmst12, I have never seen you be anything other than kind and compassionate.



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#3 Today, 11:48 AM
MLilith
Junior Member Join Date: Nov 2011
Posts: 6

At least there is consistency...

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Quote:
Originally Posted by ecmst12
Have your friend come sign up and ask her own questions.

I have never, ever, met a "good" lawyer. They are either pompas, self-serving, bigoted, arrogant, two-faced, corrupt, or all of the above. Just skip it then!
A lot of doctors are the same way, as if all of their education somehow gives them the "right" to belittle people and/or talk down to the "commoners". Screw it! You are not any better. You are just sad people that make money off of other peoples misfortune.

"My daddy is a movie actor, and sometimes he plays the good guy, and sometimes he plays the lawyer."

-- Malcolm Ford, to his preschool classmates on what his father, actor Harrison Ford, does for a living.

A countryman between two lawyers is like a fish between two cats.

-- Benjamin Franklin.

There's no better way of exercising the imagination than the study of law. No poet ever interpreted nature as freely as a lawyer interprets the truth.

"Lawyers Are": Those who lie, conceal and distort everything and slander everybody.

-- Jean Giraudoux
 

ecmst12

Senior Member
Good thing I'm not a lawyer, I might be insulted!

Funny thing is, OP already says he has a lawyer working for him for his breach of contract suit against his former employer...I bet THAT lawyer is the best thing since sliced bread!
 

quincy

Senior Member
Oh. Well. If that is the case then, yes, I guess attorneys are.

I therefore see nothing wrong with MLilith's statement.
 

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