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Is there any way out of this nightmare


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I filed BK in 2005. I did not claim any ownership of Real Property on Schedule A.

Now The nightmare begins

1999 My fiance and I started to invested in properties together( Joint titled). We bought sold and then rolled the profits into another

2001 We used some of the profits to buy a home.The mortgage and Deed are in his name alone.

2005 I had to file for BK due to a very very long divorce case.

2009 I marry the man I had been engaged to.

2012 We are divorcing. He is claiming that I have committed BK fraud.

I did not intentionally lie. I felt that I did not have legal title to any property.

I do know NOW that I am an idiot.Is my husband correct ?

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Whether you committed fraud or not, it sounds like you did not, what your ex-husband is doing is extortion.

You can't use the threat of turning somebody in on a criminal charge unless they do what you demand. I'd flip this on him real quick. I'd get him on tape making this accusation (I don't know or care if your in a one or two party state, the last person charged with illegal recording was Linda Tripp), and then see how he likes being the one that actually gets charged with a felony.

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My husband and I reside in SC. I would be able to record him however I had to obtain a court order to prevent the constant harassment

I don't understand why he thinks I have committed fraud. Should I have listed property on the BK filing that was not in my name ?

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I have not been accused pf anything by the BK court yet.My husband is threatening me so that I will not receive any proceeds from the sale of our home, Unfortunately I am noy in a financial position to hire an attorney.

Blackmail for financial gain is more illegal than anything you may have done.

your BK attorney should advise you of what you need to do. Ask him if any of the BK stuff is fraudulent. Then report the attempted blackmail attempt.

Sorry to say your ex-husband has now become your enemy. There is no going back so you are going to have to strike while the Iron is hot. Check with your first divorce attorney.

It is obvious you have a big journey ahead we can help. Going divorce pro se hardly ever works out for you.

get all that paperwork together and secured.

His threat to do anything like charging you with fraud should show what a vijayjay he really is.

Oh and for the attempted blackmail get the whole house. Go to the divorce court and request sanctions for attempted blackmail.

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I would IMMEDIATELY consult with a divorce attorney. You ARE in a position to retain one. In most states where the defendant does not have the resources to mount a defense, the plaintiff can be required to pay the legal fees for them. Especially when there is equity on the table connected to property. This is especially interesting because if no such BK accusations were made against you, his claim goes out the window. Radio Shack sells a nice phone tape recorder. Just make sure that it is legal to use in your state. You'd be surprised what you can make people say if you push the right buttons.

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My husband and I reside in SC. I would be able to record him however I had to obtain a court order to prevent the constant harassment

And that stops you recording how? He is obviously communicating with you with or without a court order, right? Record him trying to extort you, it's that simple. It's a felony (and a serious one) to do what he is doing. If you're not going to take up for yourself, just pay him the money or do whatever he wants.

I don't understand why he thinks I have committed fraud.

Who gives a rats tail what he "thinks." When is the last time somebody was convicted of a crime because somebody (other than a judge) "thought" something was a crime. The law will determine if you committed a crime, not what he "thinks." What he thinks or feels is irrelevant.

Should I have listed property on the BK filing that was not in my name?

Can't imagine you should have, but that is what BK attys are for.

It appears he is just trying to bully you into giving up what is rightfully yours. At this point I "think" he is doing a pretty good job. However, who cares what I "think," only you know the real answer.

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You guys are great !!!! Thank you for the wonderful advice.......Heading to Radio Shack now.

getting the tape may increase a security risk for you, be careful. And if he threatens you get a gun and protect your self from physical abuse. Hell if he says anything abusive have him thrown out of the house and you live there. Then look at all the stuff on the computer and see if he has looked at anything illegal on the computer make an .iso image of the hard drive and put it in a safe deposit box.

It looks as if he is going the divorce pro se himself so goto the court and request an attorney and have him pay for it.

I know some others think I am not cool for giving these divorce tips but if the spouse has become the enemy then the military concept of deep strike applies you have to get intel, then you attack at the thing they least would like to happen. In this case he is trying to shut you out of the money because a fancy girlfriend costs money. Attack that, and a fancy girlfriend requires a comfortable place to have fun in, get that. lastly get a grease gun and pump some lithium grease into his gas tank it will clog the fuel filter and then the injectors he will pay a mechanic hundreds(because mechanics like to milk douchebags for money) thus getting the transportation(I am just joking do not tamper with anyones car and whatever you do do not put a bag of methamphetamine in the car and call the cops). New girlfriends like to be driven everywhere.

If you are in fact my wife please disregard the foregoing information:)

Edited by Seadragon
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'If you are in fact my wife please disregard the foregoing information '

You, my dear sir, Owe me a Coke....

And a shirt.....

And possibly a keyboard.

Havent laughed that hard in a while.

To the original poster I am also in S.C. so feel free to PM me and I can try and dig up a good divorce lawyer for you from referrals. I have several friends who have gotten divorced.

Their lawyers sucked but I can get the name of their Ex wives lawyers that "bent them over" for you if you like. :p

Edited by Randall948
forgot a quote
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Of note, most 2 party states have an exemption that allows for recording without the other parties consent when threats of violence, extortion or other illegal acts are involved or believed to be involved. That being said there are appears to be no law in SC and case law reflect one party.

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I have not been accused pf anything by the BK court yet.My husband is threatening me so that I will not receive any proceeds from the sale of our home, Unfortunately I am noy in a financial position to hire an attorney.
Regarding your divorce, a judge will determine what portion of the properties is a marital asset. Marital assets are typically the assets derived from marital income and all equity acquired between the date of marriage and the date of separation. Do you have an agreement between you and your fiance on the "investments" and your primary residence you started buying in 1999? If not, expect a huge fight in divorce court- you really have a tough time trying to include that into any divorce proceeding. You didn't marry until 2009. Any gain beyond that is marital by default. Unfortunately for you when you back out of the valuation the typical 15-20% or so (future maintenance and sales costs), you likely don't have any equity since that date unless you guys were slamming payments down to reduce mortgage principal.

I think what he means to say with the bk issue is that he will use it as evidence that you had no legal ownership in the homes as of 2005. And if that's the case, then he will essentially use your own words against you to show that you were not a partner in these investments. Because if you were and didn't disclose, then you'd be forced to argue that you did have a legal interest but didn't disclose it in a required filing.

The reality is, your husband would be a fool to actually attempt to report you for some sort of bk fraud. If he were somehow successful (which I doubt) it would mean that your creditors would be entitled to half of the equity that was present in all of the properties on your date of filing in 2005- that would likely be significant due to the bubble in the early 2000s. He'd likely clean himself out of any equity in the process of getting you prosecuted.

You are in a tough spot here because until 2009 you were 1) not married (thereby no marital property was present, 2) not a joint owner, 3) claimed in a federal filing that you had no exempt assets and no ownership of any property. Absent any written partnership or agreement on the investments OR proof of making significant payments that contributed to the equity, you are going to have a real uphill battle trying to claim you are entitled to a portion of the combined assets prior to marriage.

Do you have an agreement or some sort? Do you have canceled checks showing you made significant mortgage payments?

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JQ26 Thank you for your response.

This substitution is bad...I know.

We did not sign an agreement.I do have alot of cancelled checks that went towards improvements.

There is a guest house on the property that we used as a rental. We were able to make all mortgage payments from that income alone.

I JUST found out that my husband had not been declaring any income at all on his tax returns from several of the rental properties.

Now I think he is in a really bad position with the court....at least I hope so.

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I JUST found out that my husband had not been declaring any income at all on his tax returns from several of the rental properties.
Did you file Married but Separate Tax Returns or Joint? If joint, you both didn't declare income not just your husband. A Schedule E should have been included every year in service with year to year depreciation schedules of all property in service. The depreciation and interest expense may have more than taken care of the entire annual income and then some. Much of the reason people own rental properties is to shelter income from taxes. Even if cash positive, they are tax account loss generators until you are phased out at $150k AGI. That doesn't seem to to be the case, so I have no idea why the accounting wouldn't be up to snuff because you and your husband may have left tens of thousands of dollars in tax returns on the table for the IRS. :?:

So why would you want your spouse to be in trouble with the IRS? Because he has dirt on you on the bk? One of you needs to file the divorce, split assets, and move on before you end up warring with each other and chewing through any available assets. Imagine if he reports you to the Us Trustees office and you report him to the IRS. Your bk is in jeopardy and your creditors recover a large portion of the equity in the propeties instead of you. The IRS then penalizes him and he pays significant fines for failure to properly report income. You may both be left with nothing. Scorched earth tactics, for sure.

Edited by jq26
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You are right. I do not want trouble for him but I signed the returns.....I had to obtain a copy from the CPA who has prepared for him and lives in another state.

I did not see the schedules at all.I was faxed several pages to sign and I did.The numbers appeared correct. Now I see he cashed in a life insurance policy.Thus the larger income.

He has none of the rentals in this city on a depreciation schedule.

We nrver filed together until 2010 (extension)

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lastly get a grease gun and pump some lithium grease into his gas tank it will clog the fuel filter and then the injectors

Now Seadragon, you know better than to advise people to commit criminal acts. Hopefully you were joking.

Yeah yeah I was joking. That'swhatthemansaidhesaidthat That'swhatthemansaidhesaidthat. Fingers crossed

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You are right. I do not want trouble for him but I signed the returns.....I had to obtain a copy from the CPA who has prepared for him and lives in another state.

I did not see the schedules at all.I was faxed several pages to sign and I did.The numbers appeared correct. Now I see he cashed in a life insurance policy.Thus the larger income.

He has none of the rentals in this city on a depreciation schedule.

We nrver filed together until 2010 (extension)

Ask them really nice to sign a new lease once they do send tax money into the IRS for the rental properties for your half and his half. also file amended returns for those years. Tell the CPA you are gonna throw him under the bus also but you are fixing everything. and change the locks on all the houses. This is if you are wanting to correct the IRS. Your excuse could be the CPA said it was good to go.

I will be brutally honest, It seems as if he used you simply to be the fall guy. Did he use the credit cards from the BK. I bet he was buying that bimbo stuff. and the reason he was hiding money from the IRS was he was hiding it from you.

You could file and amended return but the huge issues for you neccesitate legal counsel, The Trustee thing can be fixed, the IRS can be fixed, the ex-husband is a lost cause.

JQ26 has given excellent advice, we can be supportive but this is gonna be a big legal thing you need a gunfighter. he will get the money from ex-hubby. I hope a large banana spider chokes him and his new girlfriend takes his wallet.

and for the record, Notice it is the guys giving the gut em advice. Nobody messes with a CIC member Noone.

Edited by Seadragon
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