QUESTION

Is there a statute of limitations that would prevent this from being reopened about her lying?

Asked on Apr 02nd, 2015 on Bankruptcy - Michigan
More details to this question:
Recently, I found out that lying to bankruptcy federal judge is a criminal act. I went through a bankruptcy in 2008. After I filed, my wife used a defense to keep her 50% share of house that bankruptcy court would have received. It was brought to my attention that she told the bankruptcy judge that she made all the payments on the house, when indeed she never made one payment or contributed to any payments during the 5 years we had then house. The judge then ruled in her favor based on that material fact. Is there any recourse? Can I bring criminal charges against her?
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4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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I'm not an expert in criminal law but my understanding is that perjury, even if committed in Federal court, is governed by state law. In Ohio, perjury charges have to be brought within 5 years. So, she could not be prosecuted criminally. You don't have any civil damages (the money for her 1/2 of the house wouldn't have been yours in any case - either she got it or your creditors got it). So you didn't have any claim against her. Even if you did have a claim, the time limit is four years.
Answered on Apr 06th, 2015 at 2:17 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A citizen cannot bring criminal charges against anyone. Only a public official can do this. A citizen can report information regarding the commission of a crime to the office of the United States Trustee. Whether or not this matter is sufficiently serious or within or outside of the SOL is an issue for them, not you, to worry about.
Answered on Apr 06th, 2015 at 2:14 PM

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Lying under oathand lying on bankruptcy schedulesis a crime under more than one federal statute. Doing so in order to gain an unfair advantage in property is also fraud. The false statement must be material to the matter at hand, and its falsity must be known to the person who says it. The statute of limitations for fraud in bankruptcy matters used to be 5 years from the date of the fraud, or the date a reasonable person should have discovered it. I believe the limitations period was extended to 10 years for this kind of offense. Of course, you as a citizen do not bring criminal charges: they are brought in the name of the People by a prosecutor, in this case a United States Attorney. Please keep in mind that prosecutors have immense discretion as to whether or not to bring a prosecution, and at least in this federal district (Westerb Dist. of Wisconsin) they have been very reluctant to do so, expecting that the issue would be handled as a civil matter in the Bankruptcy Court. However, the time period for revoking a discharge based on fraud has long passed. If you want this pursued, you should contact the US Attorney's office in your federal district. Be prepared to explain why you waited all this time.
Answered on Apr 03rd, 2015 at 11:33 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is not for you to bring criminal charges, if the Court is made aware of a fraud it can refer the matter to the USAG for potential prosecution. See an attorney, and stop publishing this type of thing on the internet (where it could become evidence). It is possible that if you were aware of these actions, and did not take action to correct them, or gained from them, you could be charged as a co-conspirator. If the funds were paid out of joint incomes she could technically have been "making" half of the payments as a matter of law. You have no possible gain, it is clear the relationship have deteriorated or ended and the Courts are no place in which to carry out an vendetta. This is general advise, and not to be relied on in specific instances. See an attorney with the details for a firm opinion.
Answered on Apr 03rd, 2015 at 9:19 AM

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