Can I file a motion to revoke my child's father's Chp 7 and convert to Chp13? 15 Answers as of September 04, 2014

I have called 10 different attorneys and got 10 different answers. I know child support is not dischargeable. My daughter's father, a self employed doctor, owes $150,000 in c/s which he didn't disclose on his chp 7 (converted from chp13) petition. I was never noticed. I found out a year later (had not closed yet just discharged) and filed a proof of claim. Assets were already given to other creditors that should have gone to me. He lied about assets and income over hundreds of thousands. He shouldn't be allowed a chp 13 let alone a chp 7. I told the trustee, showed proof, and he said he won't investigate because it is not profitable for him. I have reported it to the US trustee. Additionally, I was deprived of my 341 exam (his whole reason for concealing). My questions are: can I file a motion to revoke his chp 7 and convert to chp 13? (I have proof of assets that can be distributed as I am a first priority creditor) Can I request a 2004 exam when the debt is already non dischargeable? Can he be sanctioned for concealing the c/s debt? Debtor knows judge in state court and is never obligated to pay, I want the Federal court to see that he pays his child support debt, its the only way I will get him to pay. Thank you for any insight.

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Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
I'm not sure I understand the question. In a bankruptcy, debts owed for child support are non-dischargeable, so your ex-husband would not be able to get out of paying child support. The debt he owed you for child support would be categorized as a priority claim, and would have been paid first, before other creditors. So you would have been paid, whether you appeared at the 341 meeting or not, unless your ex-husband lied on his bankruptcy petition. If your ex-husband received a discharge fraudulently, you can file an objection to the discharge with the bankruptcy court. This is different than the proof of claim that you already filed. Typically the deadline for filing such an objection is within a year of the discharge. If the court determines that there is merit to your claim, it will schedule a hearing. If you prove your case at the hearing, the court will dismiss the chapter 7 case and revoke the discharge. Your ex-husband could also be convicted of fraud, and possibly face jail time.
Answer Applies to: Colorado
Replied: 9/4/2014
D.J. Rausa, Attorney at Law | D.J. Rausa
A discharge can be revoked by a creditor 11 USC 727 (d) if the discharged was based on fraud. It would take a noticed motion. Once the discharged is revoked, then the Court may very well allow examination of the debtor, along with other remedies.
Answer Applies to: California
Replied: 9/3/2014
Ronald K. Nims LLC | Ronald K. Nims
After the discharge, you can file to have his discharge revoked. If you can prove his fraud and that you didn't know before the discharge was granted. After the case has been discharged and closed, you can't force him into a Chapter 13. Since your debt is nondischargeable, other than embarrassing him, I don't see how revoking his discharge helps you. If he has a relationship with the state court judge that is hearing the child support enforcement case, you can move for the case to be moved to another judge.
Answer Applies to: Ohio
Replied: 9/3/2014
It sounds like you will have to bring an adversarial action in the bankruptcy court to get an order of the court that the child support is not dischargeable.
Answer Applies to: Minnesota
Replied: 9/3/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
More information would be needed to answer this difficult question and assuming there is some way to do it, you can expect to incur some legal expenses. There is some confusion on my part as to what happened when and what is the current state of the case. The Trustee of course can motion the court to yank a discharge procured through fraud/lies even after a discharge is issued. If the case is closed, the Trustee would first motion to reopen. Perhaps the more important question to answer is since child support is not dischargeable what benefit would you derive by attempting this? A discharge of other debts of your ex-spouse might assist him to actually starting paying back the non-discharged child support. He continues to owe the money and methods of forcing payments are available to you just as they were before.
Answer Applies to: California
Replied: 9/3/2014
    Dickson Law Group, LLC
    Dickson Law Group, LLC | John P. Dickson
    This question is far more complicated than what can be handled on a simple Q&A website. Contact a local attorney with experience litigating in the bankruptcy courts for a consultation. Most attorneys offer a free initial consultation.
    Answer Applies to: Illinois
    Replied: 9/3/2014
    Stephens Gourley & Bywater | David A. Stephens
    You can file a motion to revoke his discharge. You cannot convert him back to chapter 13. If the bankruptcy is not closed you can take a 2004 examination of him. The bankruptcy court has no jurisdiction to make him pay the debt. It can only revoke the discharge. Enforcement of child support lies in state court.
    Answer Applies to: Nevada
    Replied: 9/3/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Although you are welcome to report the facts to the bankruptcy law enforcement, the US Trustee, you have no say about what law enforcement does or does not allow your ex spouse to do. Look after your own rights and don't worry about what your ex's other creditors may suffer. Less for them means more available to you.
    Answer Applies to: Nevada
    Replied: 9/3/2014
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Good morning. Your question is too complicated for an answer here. I would contact a very experienced bankruptcy attorney for advice. You will have to pay for his or her time, but it would take a little investigation to properly answer your question. Do not be penny wise and pound foolish.
    Answer Applies to: Colorado
    Replied: 9/3/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    A chapter discharge can be revoked under 11 USCS 727(d)(1) on the grounds that it was obtained by fraud. The problem you have is that the case was converted to CH7 and so you were not harmed as the child support remains a legitimate debt. Instead of going to the bankruptcy court you should consider you state court remedies which include contempt proceedings, judgement debtor exams and bank levies.
    Answer Applies to: California
    Replied: 9/3/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    Instead of continuing to ask attorneys for advice, you need to hire one. File your adversary, file for the 2004, file a motion for a late POC, and file a complaint against the trustee with the us trustee and send a copy of the bankruptcy to the state prosecutor for felony non support. Be prepared to pay up front for attorney fees and costs and look to reimbursement later depending on the attorney.
    Answer Applies to: Missouri
    Replied: 9/3/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Involuntary Chapter 13s are not allowed as it is a violation of the 13th Amendment. You can consider filing a motion to reopen his case and then file a motion to revoke his discharge, but not to convert the case. You should talk to an attorney who practices in front of the judge assigned to the case.
    Answer Applies to: California
    Replied: 9/3/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You can try that.
    Answer Applies to: South Carolina
    Replied: 9/3/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file an a motion to reopen his case. If the judge finds proper grounds then you can argue your points. I don't think you can force a conversion to a ch 13, but you can have your debts disclosed and if money was disbursed, their may be recourse since you got none of it and you were a priority unsecured claim that would have gotten paid ahead of all other unsecured claims.
    Answer Applies to: New York
    Replied: 9/3/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Strongly recommend that you retain an experienced bankruptcy attorney.
    Answer Applies to: Georgia
    Replied: 9/3/2014
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