Attorney James Kridel has his work cut out for him in trying to convince the bankruptcy court to grant the petition filed by his clients, The Real Housewives of New Jersey star Teresa Giudice and her husband Joe.
As RadarOnline.com previously reported, Roberta DeAngelis, the attorney in the U.S. Trustees Office who evaluated the Giudice filing, recommended that the court not grant their Chapter 7 petition.
She alleged that the couple had fraudulently tried to hide assets.
“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.”
Kridel said he is going to try to convince the Trustee Office that they’d lose in a trial and that his clients “have been punished enough”.
“Instead of just looking at it as ‘Joe Giudice,’ it is a family and to deny a discharge in this case would destroy this family. Some of the family members are clearly not responsible for anything that occurred here.”
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.
“To deny a discharge would be a very severe consequence and I don’t think it’s deserving.”
Whatever the court’s decision, the Giudices will still suffer, their legal rep claimed.
“They’re going to owe a significant amount of money, including any IRS debt,” he said. “Other than the personal property in the house they don’t really have any assets so they are going to start over again.
“If they don’t get a fresh start [with a discharge] it’s going to be almost impossible to get back up on their feet.”