What methods can I use to prove that a debtor claimed single status in a bankruptcy case but committed fraud by intentionally divorcing his spouse in order to hide assets?

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What methods can I use to prove that a debtor claimed single status in a bankruptcy case but committed fraud by intentionally divorcing his spouse in order to hide assets?

Could the fact that the couple continue to live under the same roof with their children everyday and has claimed to others that they are married, be sufficient evidence?

Asked on February 17, 2012 under Bankruptcy Law, Alaska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the thing. Hiding assets is one thing but legitimately being divorced and attempting to survive is another. Are you the court attempting to gather this evidence? If so, the trustee should just simply be able to see divorce records. If you are simply a person who wants to report this individual, you will need to see if there are public records available at your disposal but if the discharge has already occurred and assets are not being hidden, it may be your word against theirs.


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