MILLBURN DIVORCE LAWYER

The Trustee seeks an order denying the New Jersey wife a discharge in her bankruptcy case,

alleging that: (1) with the intent to hinder, delay or defraud her creditors, she transferred her interest in her home to her husband within one year of her petition; and (2) she fraudulently made a false oath in connection with the transfer of the property by stating she had never owned an interest in any real property and had never transferred any such interest. Although the court denies the Trustee’s motion with respect to the first claim – noting the intent requirement and the existence of factual disputes as to the extent of the Debtor’s knowledge of her ownership interest in the property and the legal ramifications relative to her transfer of the property, it grants the Trustee’s motion with respect to the second claim.   In Re Castiglione, Debtor; Isaacson, etc. v. Castiglione, U.S.Bankruptcy Ct., District of New Jersey, January 19, 2007