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.
