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Happy Valentine’s Day – How Do You Mend a Broken Heart? Not by Filing an Involuntary Chapter 7 Petition Against Your Wife….

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Background:

  • Husband and Wife going through a Divorce.
  • As a result of Divorce, husband was looking for a way to seek some sort of revenge against his wife.
  • Husband without consulting an attorney files an involuntary bankruptcy petition against his wife.
  • It became obvious to the Court that he had no intention or knowledge to complete all the paperwork or steps required in the bankruptcy process.
  • Involuntary Petition was dismissed.

Court Ruling:

  • Filing was for an improper purpose either to harass or delay the divorce proceedings.
  • Husband neither took responsibility for the incomplete petition nor apologized.
  • Court deemed that the practice of filing an involuntary petition which is without merit must be deterred.
  • Court Awards fees and costs to the wife of $4,360 and $2,000 punitive damages.
  • Looks like when the final settlement is reached more equitable distribution money goes on the side of the wife.
  • You cannot use the law to harass your spouse or mend your heart with an involuntary bankruptcy petition against your wife.