filing bankruptcy–any kind of bankruptcy–you need to know just how much your
ex-wife (or ex-husband!) hates you.
We know that all bankruptcy documents
must be accurate. After all, they are filed under penalty of
perjury. But when you’ve got an ex spouse out there, your bankruptcy filing
really needs to be accurate. Ex spouses routinely review
bankruptcy filings. In many cases, such as when the debtor owes alimony, child
support, or has joint debt, the ex spouse will get notice of the bankruptcy. And
even if they don’t get on the mailing matrix, they tend to be a bit curious.
Ex spouses LOVE to stir up
Remember, she hates you. Don’t be
surprised if she finds out your 1963 set of Tops baseball cards isn’t listed or
that you really have 10 guns, not 3. (She remembers how you bought the last 7
and still hasn’t forgotten!) And if she notices, you can bet she’ll call the
There once was a very expensive, new baby
grand piano (or, was it a cheap keyboard?)
I filed a case a few years back in which
the debtor and his new wife owned an inexpensive electronic keyboard. The
debtor’s son came to visit, and when he arrived back home to mom, he apparently
reported that dad had a very fancy piano, which, of course, was not on the
debtor’s schedules. (Yes, mom checked.)
Junior was only 11 or so, and I suspect
he was just talking about his visit and innocently mentioned the new “baby grand
piano.” Mom then hired an attorney to write the trustee about the expensive
piano and other seeming irregularities. (He’s got a trust fund too, according
to mom’s lawyer!) To a child, the “piano” must have been significant. But in
reality, it was a $250 keyboard given to the family for Christmas by another
So know the three levels of hatred she has
for you and heed the warning signs
LEVEL ONE is the most serious. She wishes
you would die, rot, and burn in hell.
Then comes LEVEL TWO. She wishes she
could stab you in the neck with a knife.
And then there’s LEVEL THREE. She’s glad
she divorced you, but just wants to get on with her life. Yes, sometimes she
hates you, but sometimes, well, not so much.
Let’s face facts. You weren’t really good
at “getting the message” when you were married. (“You just don’t get it, do
you!”) You might still be missing it. You could be a level three and think, “eh,
we get along okay,” when you’re really a level one. Know your level!
All bankruptcy schedules need to be honest
When you’ve got a former spouse out
there, never underestimate how she (or he!) will comb your petition and
schedules for errors, omissions, and oversights. Go the extra
mile to make sure your
bankruptcy filing is perfect.
Bankruptcy Law Network, LLC, 6502 S. 6th
Street, Klamath Falls, OR 97603, USA