My question involves a marriage in the state of: MN
During our divorce my husband's attorney refused to provide discovery. After 4 months of delays my attorney finally received all of the notarized Release of Information forms only to have my husband file for Chapter 7, then converted to a Chapter 13. The judge even set a trial date while the "auto-stay" was still in place. I then filed for bankruptcy so my attorney could review discovery PRIOR to trial. At trial none of the marital investments were split. I thought my husband just hid or liquidated them all. After the divorce I hired a financial investigator, who reviewed the same documents my trial attorney supposedly reviewed. My financial investigator was able to trace $5,000,000.00 of IRA investments and 2 pensions. None of these assets were listed in husband's divorce financial statements or his bankruptcy. This was successfully not split due to my attorney's lack of investigation. I plan to sue my divorce attorney for legal malpractice.
My questions:
1. Is it fraud not to list the IRA investments & pensions in his bankruptcy?
2. What is the statute of limitations for fraud on bankruptcy and the Divorce Decree?
3. If there is bankruptcy fraud would that need to be dealt with before suing my attorney for legal malpractice?
4. Would I be able to get my half of the investments without dealing with a legal malpractice case?
5. Would the creditors be dealt with just 50% of his share of the investments?
6. Would my ((current) ex-)husband) be looking at jail time for bankruptcy fraud?
Thank you in advance for you information regarding this matter.
During our divorce my husband's attorney refused to provide discovery. After 4 months of delays my attorney finally received all of the notarized Release of Information forms only to have my husband file for Chapter 7, then converted to a Chapter 13. The judge even set a trial date while the "auto-stay" was still in place. I then filed for bankruptcy so my attorney could review discovery PRIOR to trial. At trial none of the marital investments were split. I thought my husband just hid or liquidated them all. After the divorce I hired a financial investigator, who reviewed the same documents my trial attorney supposedly reviewed. My financial investigator was able to trace $5,000,000.00 of IRA investments and 2 pensions. None of these assets were listed in husband's divorce financial statements or his bankruptcy. This was successfully not split due to my attorney's lack of investigation. I plan to sue my divorce attorney for legal malpractice.
My questions:
1. Is it fraud not to list the IRA investments & pensions in his bankruptcy?
2. What is the statute of limitations for fraud on bankruptcy and the Divorce Decree?
3. If there is bankruptcy fraud would that need to be dealt with before suing my attorney for legal malpractice?
4. Would I be able to get my half of the investments without dealing with a legal malpractice case?
5. Would the creditors be dealt with just 50% of his share of the investments?
6. Would my ((current) ex-)husband) be looking at jail time for bankruptcy fraud?
Thank you in advance for you information regarding this matter.
Divorce: Divorce and Possible Bankruptcy Fraud
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