Results 1 to 10 of 12

Hybrid View

  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fradulent Treatment of a UTMA Account in Bankruptcy

    Quote Quoting drainpan
    View Post
    I understand that.... she doesn't disclose to the bankruptcy court trustee what the money was for or who it actually belonged to... my questions were...
    1) Is there someone that I should be able to talk to in order to get that removed from her bankruptcy because if it stays then I personally cannot sue her on my sons behalf since he is a minor?
    2) Is there someone I can talk to that works in whatever government entity that deals with the UTMA rules and regulations to try to get their help with this matter?
    your son can sue his mother when he turns 18 if his mother does not turn over whatever money should be in the account. The bk action would not prevent you from suing IF there was a basis to sue her but since she is the administrator of the account, pay outs are at her discretion. I do not see a basis for anybody to sue her at the moment.

    Listing the debt as being owed to you is meaningless simply because it isn't owed to you so in essence her listing you does nothing because there is no debt owed to you to discharge.


    if she wanted to discharge a debt based on her spending the money she would have to list your son as the creditor BUT since it is your sons money, if she did anything improper with it, she may have difficulty discharging such a debt since her actions were unlawful and such debts cannot always be discharged.

    1. Sponsored Links
       

Similar Threads

  1. Chapter 7: Treatment of Real Property Held for Another in Bankruptcy
    By Lsly1972 in forum Bankruptcy Law
    Replies: 2
    Last Post: 04-25-2012, 08:11 PM
  2. Chapter 7: Treatment of Private Education Loans in Bankruptcy
    By kpowers27 in forum Bankruptcy Law
    Replies: 9
    Last Post: 11-09-2011, 05:00 PM
  3. Federal Taxes: UTMA Account Transfer Back to Custodian
    By oriolesno9 in forum Personal Finance And Investment Law
    Replies: 3
    Last Post: 04-13-2011, 05:58 AM
  4. Banking: UTMA Account
    By blueplaidhat in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 05-19-2010, 02:50 PM
  5. Bankruptcy Issues: Treatment of an Investment Property in Bankruptcy
    By joelanderson in forum Bankruptcy Law
    Replies: 1
    Last Post: 02-08-2006, 05:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources