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Fraud and the Bankruptcy Trustee

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  • 02-26-2012, 04:48 PM
    undrdog
    Fraud and the Bankruptcy Trustee
    My question involves bankruptcy in the state of: CA

    Does a bankruptcy trustee have an obligation to report bankruptcy fraud or abuse if it is presented to him/her?
  • 02-26-2012, 06:19 PM
    despritfreya
    Re: Fraud and the Bankruptcy Trustee
    Yes, however it is also the Trustee's job to determine if the one telling him/her of the problem has any credibility. If that person is, say, your typical vindictive ex spouse, the Trustee will most likely take any info with a grain of salt and ignore it.

    Des.
  • 02-26-2012, 07:17 PM
    undrdog
    Re: Fraud and the Bankruptcy Trustee
    Quote:

    Quoting despritfreya
    View Post
    Yes, however it is also the Trustee's job to determine if the one telling him/her of the problem has any credibility. If that person is, say, your typical vindictive ex spouse, the Trustee will most likely take any info with a grain of salt and ignore it.

    Des.

    What if a person has documents and other paper work, images and such sent to back allegations and it is still ignored? It is disturbing the debtor was granted a discharge. The US Trustee was also notified, but the US Trustee did not receive the complaints until after the discharge was granted. I do not know if that changes anything and I have not heard back from anyone about it. The bankruptcy trustee however was notified and issues discussed prior to the discharge being granted.
  • 02-27-2012, 02:10 AM
    undrdog
    Re: Fraud and the Bankruptcy Trustee
    BTW...I am not an ex spouse. I am an ex employee named a creditor.and an asset.
  • 02-27-2012, 05:07 AM
    despritfreya
    Re: Fraud and the Bankruptcy Trustee
    Quote:

    Quoting undrdog
    View Post
    BTW...I am not an ex spouse. I am an ex employee named a creditor.and an asset.

    I know. You have posting history. Was only using an example.

    If you have sent documents to the UST you need to follow up there. We cannot tell you what is going on behind the scenes. For all you know the UST is investigating.

    Des.
  • 03-06-2012, 02:09 PM
    undrdog
    Re: Fraud and the Bankruptcy Trustee
    How long should I wait before asking questions (if I even should) and who would I go to?

    Thanks
  • 03-06-2012, 03:22 PM
    Riply
    Re: Fraud and the Bankruptcy Trustee
    Of course, there is a statute of limitation of 5 years for BK fraud, except in limited circumstances.
  • 03-06-2012, 06:33 PM
    despritfreya
    Re: Fraud and the Bankruptcy Trustee
    Quote:

    Quoting undrdog
    View Post
    How long should I wait before asking questions (if I even should) and who would I go to?

    Cannot tell you "how long to wait". There is nothing wrong with inquiring. As to who to call, it would be the US Trustee's office in your jurisdiction. Try the below link for contact info:

    http://www.justice.gov/ust/eo/ust_or...htm#CALIFORNIA

    Des.
  • 03-11-2012, 05:24 PM
    undrdog
    Re: Fraud and the Bankruptcy Trustee
    Are bankruptcy trustees self employed? It's a question I've been pondering since a conversation with him saying he was self employed. Is this normal? I would think they are state employees. Who picks the BT for a case?
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