QUESTION
Can I file a motion to revoke my child's father's Chp 7 and convert to Chp13?
Asked on Sep 03rd, 2014 on Bankruptcy - California
More details to this question:
I have called 10 different attorneys and got 10 different answers. I know child support is not dischargeable. My daughter's father, a self employed doctor, owes $150,000 in c/s which he didn't disclose on his chp 7 (converted from chp13) petition. I was never noticed. I found out a year later (had not closed yet just discharged) and filed a proof of claim. Assets were already given to other creditors that should have gone to me. He lied about assets and income over hundreds of thousands. He shouldn't be allowed a chp 13 let alone a chp 7. I told the trustee, showed proof, and he said he won't investigate because it is not profitable for him. I have reported it to the US trustee. Additionally, I was deprived of my 341 exam (his whole reason for concealing). My questions are: can I file a motion to revoke his chp 7 and convert to chp 13? (I have proof of assets that can be distributed as I am a first priority creditor) Can I request a 2004 exam when the debt is already non dischargeable? Can he be sanctioned for concealing the c/s debt? Debtor knows judge in state court and is never obligated to pay, I want the Federal court to see that he pays his child support debt, its the only way I will get him to pay. Thank you for any insight.
6 ANSWERS
Derek W. Freeman
I'm not sure I understand the question. In a bankruptcy, debts owed for child support are non-dischargeable, so your ex-husband would not be able to get out of paying child support. The debt he owed you for child support would be categorized as a priority claim, and would have been paid first, before other creditors. So you would have been paid, whether you appeared at the 341 meeting or not, unless your ex-husband lied on his bankruptcy petition. If your ex-husband received a discharge fraudulently, you can file an objection to the discharge with the bankruptcy court. This is different than the proof of claim that you already filed. Typically the deadline for filing such an objection is within a year of the discharge. If the court determines that there is merit to your claim, it will schedule a hearing. If you prove your case at the hearing, the court will dismiss the chapter 7 case and revoke the discharge. Your ex-husband could also be convicted of fraud, and possibly face jail time.
Answered on Sep 04th, 2014 at 12:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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After the discharge, you can file to have his discharge revoked. If you can prove his fraud and that you didn't know before the discharge was granted. After the case has been discharged and closed, you can't force him into a Chapter 13. Since your debt is nondischargeable, other than embarrassing him, I don't see how revoking his discharge helps you. If he has a relationship with the state court judge that is hearing the child support enforcement case, you can move for the case to be moved to another judge.
Answered on Sep 03rd, 2014 at 4:52 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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More information would be needed to answer this difficult question and assuming there is some way to do it, you can expect to incur some legal expenses. There is some confusion on my part as to what happened when and what is the current state of the case. The Trustee of course can motion the court to yank a discharge procured through fraud/lies even after a discharge is issued. If the case is closed, the Trustee would first motion to reopen. Perhaps the more important question to answer is since child support is not dischargeable what benefit would you derive by attempting this? A discharge of other debts of your ex-spouse might assist him to actually starting paying back the non-discharged child support. He continues to owe the money and methods of forcing payments are available to you just as they were before.
Answered on Sep 03rd, 2014 at 4:50 PM
Although you are welcome to report the facts to the bankruptcy law enforcement, the US Trustee, you have no say about what law enforcement does or does not allow your ex spouse to do. Look after your own rights and don't worry about what your ex's other creditors may suffer. Less for them means more available to you.
Answered on Sep 03rd, 2014 at 4:45 PM
Good morning. Your question is too complicated for an answer here. I would contact a very experienced bankruptcy attorney for advice. You will have to pay for his or her time, but it would take a little investigation to properly answer your question. Do not be penny wise and pound foolish.
Answered on Sep 03rd, 2014 at 12:33 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Involuntary Chapter 13s are not allowed as it is a violation of the 13th Amendment. You can consider filing a motion to reopen his case and then file a motion to revoke his discharge, but not to convert the case. You should talk to an attorney who practices in front of the judge assigned to the case.
Answered on Sep 03rd, 2014 at 12:16 PM