My question involves bankruptcy in the state of: Mississippi
This may be complicated and involves a couple of different categories but here goes.
My wife and I fostered a boy hoping to adopt and the state gave us money every month for his care with a directive that a certain percentage be put in a custodial account for him until he turned 18. My wife opened the account as the custodian with his name on the account as well. Only one name can be custodian so I was not able to be on the account.
Since that time we adopted him and the DHS directive for the UTMA custodial account no longer applied.
Since that time my wife and I divorced and I retained full custody of my son. The custodial account was not listed in the no fault divorce because I forgot about it until I found the paperwork for it.
My son and I requested that she turn over the account to me as the full custodian of him and she refused claiming in writing that she sent the money to New Mexico (where she has family) to keep me from getting it and he could have it when he turned 18. My son (who is 15) drafted an official demand letter for her to return his savings account to him or he will sue her for it's return.
Shortly after this my ex filed for bankruptcy and she listed me as a creditor of an unsecured debt for the amount that was in his savings account.
Point #1: Under the UTMA rules any assets deposited into a UTMA account are not revocable and any money taken by the custodian must be used for the child's benefit (which did not happen) and is in breach of her fiduciary duty.
Point #2: This is not a debt owed to me personally meaning I am not a creditor.
Point #3: The "debt" is listed in her bankruptcy because of the demand letter (which does not have my name on it only my sons) because it is something she "could possibly" be sued for.
So... here are my questions:
1: Can this be listed in here bankruptcy like this?
2: What can I do to stop this from being allowed in her bankruptcy?
3: Who enforces the UTMA rules on custodial accounts and who can I call to get them to do something about it?
I went to the meeting of creditors but didn't know what to do. I have talked to several lawyers but they all want like $2500 to do something about it and the account only had $1622 in it. to file a protest in the bankruptcy court would cost like $350 and has a lot of legal junk to sift through to get it right but I cannot afford to fight her and it is wrong what she has done stealing his savings account.
This is a mess and she is doing this because she is mean and trying to get back at me for divorcing her but it isn't fair to my son who is ready for a car and wants to purchase it with his account money as I cannot afford to buy one for him.
Please help
Thank you very much in advance for any and all help anyone can give.
This may be complicated and involves a couple of different categories but here goes.
My wife and I fostered a boy hoping to adopt and the state gave us money every month for his care with a directive that a certain percentage be put in a custodial account for him until he turned 18. My wife opened the account as the custodian with his name on the account as well. Only one name can be custodian so I was not able to be on the account.
Since that time we adopted him and the DHS directive for the UTMA custodial account no longer applied.
Since that time my wife and I divorced and I retained full custody of my son. The custodial account was not listed in the no fault divorce because I forgot about it until I found the paperwork for it.
My son and I requested that she turn over the account to me as the full custodian of him and she refused claiming in writing that she sent the money to New Mexico (where she has family) to keep me from getting it and he could have it when he turned 18. My son (who is 15) drafted an official demand letter for her to return his savings account to him or he will sue her for it's return.
Shortly after this my ex filed for bankruptcy and she listed me as a creditor of an unsecured debt for the amount that was in his savings account.
Point #1: Under the UTMA rules any assets deposited into a UTMA account are not revocable and any money taken by the custodian must be used for the child's benefit (which did not happen) and is in breach of her fiduciary duty.
Point #2: This is not a debt owed to me personally meaning I am not a creditor.
Point #3: The "debt" is listed in her bankruptcy because of the demand letter (which does not have my name on it only my sons) because it is something she "could possibly" be sued for.
So... here are my questions:
1: Can this be listed in here bankruptcy like this?
2: What can I do to stop this from being allowed in her bankruptcy?
3: Who enforces the UTMA rules on custodial accounts and who can I call to get them to do something about it?
I went to the meeting of creditors but didn't know what to do. I have talked to several lawyers but they all want like $2500 to do something about it and the account only had $1622 in it. to file a protest in the bankruptcy court would cost like $350 and has a lot of legal junk to sift through to get it right but I cannot afford to fight her and it is wrong what she has done stealing his savings account.
This is a mess and she is doing this because she is mean and trying to get back at me for divorcing her but it isn't fair to my son who is ready for a car and wants to purchase it with his account money as I cannot afford to buy one for him.
Please help
Thank you very much in advance for any and all help anyone can give.
Bankruptcy Issues: Fradulent Listing of Debt Among Other Details
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