Personal Bankruptcy is it bankruptcy fraud?

[stormy5]

I have a close relative that has recently filed bankruptcy but I don't think that he can legally file it. He is married and so he and his wife file it together as a married couple but he is not divorced from his first wife. So technically him and his new wife (of 8 years) can't file it as a married couple- correct? He knows that he never filed a divorce from his first wife but not for sure if the current wife is aware of that. How is that possible???

 

[seniorjudge]

I have a close relative that has recently filed bankruptcy but I don't think that he can legally file it. He is married and so he and his wife file it together as a married couple but he is not divorced from his first wife. So technically him and his new wife (of 8 years) can't file it as a married couple- correct? He knows that he never filed a divorce from his first wife but not for sure if the current wife is aware of that. How is that possible???

If you are not divorced from your first wife, then you are still married to her.

So, yeah, you are committing bankruptcy fraud.

 

[stormy5]

Thank you

If you are not divorced from your first wife, then you are still married to her.

So, yeah, you are committing bankruptcy fraud.

I wanted to thank you for the reply on this question that I had - the next question is How does it get reported? Does the lawyer that is on his bankruptcy get notified?

 

[seniorjudge]

Q: How does it get reported?

A: Someone who knows tells.


Q: Does the lawyer that is on his bankruptcy get notified?

A: If someone tells.

 

[stormy5]

another question

So the attorney on the bankruptcy case has been notified that there was no divorce of the first wife - is he now responsible to get that information since he has been contacted of it before the bankruptcy is finialized? Thank you for your answers to these questions that I have.

 

[seniorjudge]

So the attorney on the bankruptcy case has been notified that there was no divorce of the first wife - is he now responsible to get that information since he has been contacted of it before the bankruptcy is finialized? Thank you for your answers to these questions that I have.

My guess is that a lawyer has a duty to the court to report this.