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Giudice Bankruptcy Discharge Denied?

Posted By admin || 15-Nov-2010

Giudice Bankruptcy Discharge Denied?

After accusing the Giudices of hiding assets during their bankruptcy case, the bankruptcy trustee in the case has reportedly recommended that the Giudice bankruptcy discharge be denied. The bankruptcy attorney in the Giudice case is taking his appeal to the U.S. Trustees Office claiming that a bankruptcy discharge would be patently unfair to the entire Giudice family.

"I am going to be sending a letter to the US Trustees Office because I would like to resolve with them their issue rather than have to try it," attorney Kridel told RadarOnline.com.

"I'm not doing it out of desperation; I'm doing it in their [debtors and US Trustees] best interest. That's the next step. But ultimately the ball is in their court."

The Giudices' attorney also argues that Joe didn't intentionally omit assets from the petition.  Kridel said, 'If you have a bank account that has zero in it, but you didn't disclose it because you didn't realize it was open, I don't believe that to be a really egregious offense. The omissions made would not change the outcome of the case. Their discovery would not increase the value of the estate.

The appeal to the U.S. Trustees Office may not be as effective as the Giudice bankruptcy attorney hopes because the trustee's determination is not based on only a bank account with no money in it or the hardship a discharge denial will cause the Giudices.  The bankruptcy discharge recommendation is also based on other behavior by the Giudices which indicated that they were attempting to manipulate the bankruptcy system. And that is the important part.  Did the Giudices' behavior indicate that they were trying to hide assets and manipulate the bankruptcy system?  Apparently the bankruptcy trustee thinks so and believes that the behavior is egregious enough to warrant a denial of their bankruptcy discharge. This is why we continuously emphasize the importance of debtors steering clear of any behavior, even if unintentional which would indicate they are attempting to manipulate the bankruptcy system.

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