Legal Question in Bankruptcy in Florida

definition of fraud for chapter 13 bankruptcy

Hi, My husband and I have a business and we're divorcing which began last July. Through discovery, I have found out he is inflating his business expenses, bartering his attorney fees but going into debt for supplies for the work at the attorney's house, working half the hours he used to and in turn, increasing employee expenses considerably and possibly hiding income. He's claiming he cannot afford his bills and has been putting all business expenses on credit cards since the beginning of the divorce. He's now ran up tens of thousands of dollars worth of credit card debt (only in his name/the businesses name) yet he is still vacationing and spending money on non necessities. I'm wondering if a forensic accountant/private investigator can prove what he is doing (attempting to run up debt to be able to file chapter 13 bankruptcy after the divorce to discharge divorce settlement) if the evidence is presented to the bankruptcy court, is it possible for the divorce judgment NOT to be discharged. Based on the past 13 years worth of business income, all of his expenses/bills should be able to be covered (with the exception of the attorney's house's products which possibly have been paid for with income) without going into debt.


Asked on 6/08/09, 2:35 pm

1 Answer from Attorneys

Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: definition of fraud for chapter 13 bankruptcy

There are so many factual variables, I would suggest you seek counsel to look at all the facts of your case.

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Answered on 6/08/09, 3:14 pm


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