QUESTION

Is there a fraud claim/complaint, bar complaint or any violation of law because we did not take out our recent taxes when chapter 13 dismissed?

Asked on Jun 23rd, 2013 on Bankruptcy - Missouri
More details to this question:
My spouse and I filed a Chapter 13 and it was granted. My wife soon after six months convinced me to sign a separation agreement so that we could file a chapter 7 separately after having the chapter 13 dismissed. We, or I, I guess, had no intentions of separating none the less divorcing. She now wants a divorce and is holding the separation agreement as a basis that we are not living together and she is solely responsible for the mortgage to make sure she meets the means test for the chapter 7. We are about file for chapter 7 with the separation agreement in hand. Is this fraud? She says "no" because now she wants to get a divorce although that was not the pretense of the separation agreement. It was to deceive the Court. We also owe back taxes, which were not taken out of our recent tax return when the chapter 13 was dismissed. I am at huge disadvantage because she is an attorney that handles divorces and bankruptcy cases. Am I just screwed because I signed the separation agreement Will I or both of us go to jail?
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3 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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What you describe does not seem above board.
Answered on Jun 27th, 2013 at 8:05 PM

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Chapter 13 Bankruptcy Attorney serving Bloomington, MN at Gregory J. Wald
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It doesn't sound like you have done anything fraudulent at this point, because you haven't filed Chapter 7 yet. It might be best for you to file your own Chapter 7 case, instead of a joint case with your wife. I recommend that you hire your own bankruptcy attorney to advise you and to represent your interests in this matter. This should give you some peace of mind that you will not do something illegal.
Answered on Jun 25th, 2013 at 9:38 PM

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If you file a chapter 7, jointly, you have to qualify based on your combined income. If you are living together, the court will use your combined income figure. If you go through a divorce, the judge will have to approve the separation agreement. If you don't want a divorce, if your spouse does want a divorce, the judge will probably grant it. If you think your spouse is doing something illegal, you can file a bar complaint.
Answered on Jun 25th, 2013 at 10:57 AM

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