What does it mean when you fraudulently covey all marital assets to a girlfriend?

Full question:

My husband filed bankruptcy, we are separated and during the course of the bankruptcy my legal council was able to show how he had fraudulently conveyed all martial assets to his girlfriend, and he did a waiver of discharge. Please explain what this means? I thought it meant that the bankruptcy didn't grant him his bankruptcy but yet, they already sold one of his businesses to satisfy creditors, and now they want to take my house as assets?

  • Category: Divorce
  • Date:
  • State: New Mexico

Answer:

A waiver of discharge means he waived his right to challenge the dischargeability of the debt. In other words, he agreed not to have it discharged in bankruptcy and remains liable to pay it.

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FAQs

Yes, you can file for bankruptcy without informing your spouse. However, if you are married, your spouse's income and debts may still be considered in the bankruptcy process, especially if you live in a community property state. It's advisable to consult with a bankruptcy attorney to understand the implications for both you and your spouse.