Legal Question in Bankruptcy in California
My ex filed for Chpt 7 bankruptcy and did not list his parents as creditors. He claimed in the divorce filings that the money paid for his attorney was a loan from his parents. He also claimed the money he used to furnish his apartment was a loan and there is a promissory note with his father for the car that he drives. Do they need to be listed? If so, is there a way to blow the whistle?
2 Answers from Attorneys
Not sure if his parents need to be listed or not because I would need to see how these items influenced the division of property in your divorce and I also don't know if he has paid pack his parents the money loaned. However, if you suspect that your ex husband is hiding assets or trying to protect his parents as preferred creditors in bankruptcy, you may contact his Chapter 7 trustee and explain the situation.
It is possible that he paid his parents $$ and he does not want the trustee to know about it because it could be subject to a preference action.
I agree with Mr. Boice that if you believe this is the case, contacting the trustee is an option.
That being said, not listing his parents, alone, is not a big deal. People forget creditors all the time. He needs to be doing something else malicious, like having paid his parents back a big lump of money recently.
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