Charlotte Bankruptcy attorney Bryan W. Stone answers the question: “Do I need an attorney to file bankruptcy?”
A New York woman successfully challenged her estranged husband’s Chapter 7 bankruptcy petition, ultimately leading a bankruptcy judge to throw out the case and refuse to discharge any of the man’s debts. How can an ex interfere in a bankruptcy petition? To find out, keep reading.
The case began in 2011 when Aleksandr Virovlyanskiy filed for Chapter 7 protection seeking to have credit card debts and some child support arrearages discharged. After his former wife, Juliya, discovered the bankruptcy, she reviewed his original application and noticed some inconsistencies.
For one thing, Juliya saw that her former husband had failed to list income he earned from Russia during several years prior to the filing. Juliya says she was afraid that if her husband’s bankruptcy went through it could harm her ability to collect child support. As a result, Juliya brought what’s known as an adversary proceeding to challenge the filing.
Though child support is not dischargeable in bankruptcy, Juliya says she was afraid that that her husband would use his bankruptcy to convince a family court judge that his deteriorated financial condition required a reduction in child support payments. As a result, the bankruptcy judge allowed Juliya’s adversary proceeding to continue.
After hearing more about her former husband’s hidden income, the bankruptcy court judge decided to throw out the original Chapter 7 petition citing fraud. Aleksandr appealed the decision, claiming that Juliya lacked standing to intervene in the case and that she should never have been allowed to launch her adversary proceeding.
However, a federal judge clarified the matter and explained exactly how and why a former spouse should be allowed to intervene in such cases. Judge Raymond Dearie wrote that because the two shared joint debts, including credit cards and rental property, if Aleksandr were given a bankruptcy discharge then Juliya would be left liable for the full amount of the remaining debts. Given this financial reality, Juliya absolutely had standing and was thus allowed to bring an adversary proceeding.
If you find yourself needing the services of a Charlotte, North Carolina bankruptcy attorney, please call the skilled lawyers at Arnold & Smith, PLLC today at (704) 370-2828 or find more resources here. As professionals who are experienced in the bankruptcy arena, our attorneys will provide you with the best advice for your particular situation.
About The Author:
Bryan Stone is a Partner with Arnold & Smith, PLLC where he focuses his practice on all aspects of bankruptcy, including: Chapter 7, Chapter 11, Chapter 13, home loan modifications and landlord tenant issues. Originally from Macon Georgia, Mr. Stone attended the University of Georgia for a BBA in Banking and Finance and went on to Wake Forest to earn his law degree. After law school Mr. Stone relocated to Charlotte where he has become quite involved in many local organizations. He is currently the Chair of “Bravo!” the young professionals organization of Opera Carolina, he also founded the UGA Alumni Association of Charlotte. In his spare time he enjoys perfecting his BBQ skills for the annual “Q-City BBQ Championships” and playing softball with the Mecklenburg County Bar Softball League.
“Beware of the Ex: Estranged wife challenges husband’s bankruptcy, has his discharge dismissed,” by Charisma Miller, published at BrooklynEagle.com.
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