QUESTION

Have I committed Bankruptcy Fraud ? I did not claim that I had any legal,equitable,or future interest in any property on schedule A.

Asked on Mar 01st, 2012 on Bankruptcy - South Carolina
More details to this question:
My fiance (now married) had jointly invested in our home, however the deed was in his name alone.The investment was 4 years prior to my filing. Now we are divorcing and he is claiming that I committed fraud.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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If at the time to file chapter 7 bankruptcy, you had an interest in the property in question, regardless if your name was on the deeds, you do in fact committed fraud. in chapter 7 bankruptcy, the bankruptcy court does not concern itself with if your name is on the deed, only if you have an interest in the property. If you are legally married at the time of the filing of your bankruptcy, and your state views that you have an interest in all of your spouses property, then that is in fact bankruptcy fraud. depending on the laws of your state, you may have had an equitable interest in your home, simply by being married. You should contact a chapter 7 bankruptcy attorney for the bankruptcy attorney that files your bankruptcy petition to get the correct answer. In the state of Massachusetts what you did would be considered fraud, you should contact an attorney in South Carolina to determine debts. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Mar 01st, 2012 at 12:17 PM

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