Monthly Archives: May 2010

Bankruptcy Fraud: Blame My Lawyer?

If your bankruptcy schedules are filled out wrong, can you blame your lawyer for what is on them when you are charged with bankruptcy fraud?

Technically, the criminal charge will be perjury, but it is for filing fraudulent schedules.

That is, not listing an asset you have, answering one of the questions on the statement of affairs incorrectly, or another significant omission.

It would still be incorrect to list something you do not own as an asset, but that rarely happens, and would rarely have any effect on the bankruptcy case.

Hiding assets damages the creditors who might get some recovery from those assets, and, deceives the court as to your real financial condition.

Misrepresentations on your bankruptcy schedules can also lead to denial of your bankruptcy discharge, meaning you would still owe all of your creditors.

Fraud by creditors, well, that is another issue.

Sure, but you will be the one with the jail sentence.

Bankruptcy cases are filed electronically, so the copy on record with the court is not the one that has the “wet”, or ink, signature of the person filing.

In Detroit bankruptcy court, all debtors are sworn in and asked to authenticate their original signature on the papers they did sign.

Peter Pocklington, owner of the Edmonton Oilers when they were winning Stanley Cups, and still hated there for trading Wayne Gretzky to the L.A. Kings.

Though he plead guilty to perjury for filing  fraudulent bankruptcy schedules, he tells the press, hey, I just signed the papers, my lawyer left out those bank accounts and storage facilities that were not on my bankruptcy schedules.

You would think this guy would read something he was swearing to under penalty of perjury before signing it, but, he says he did not.

Guilty of bankruptcy fraud anyway.

Do not sign anything unless you have read it.

Thoroughly and completely.

Everybody blames his lawyer, oldest trick in the book.

Now, I am not saying lawyers are perfect, but if you have one telling you to sign bankruptcy papers that leave out something you told him, better get a second opinion before you sign.

Bankruptcy Fraud: Blame My Lawyer?

Bankruptcy Fraud: Blame My Lawyer?

3 Responses to Bankruptcy Fraud: Blame My Lawyer?

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3 Responses to Did Bankruptcy Reform Worsen Foreclosure Crisis?

  1. You forgot the corrupt and fraudulent Wall Street Investment banks for pushing everyone’s greed button so they could pump up the false demand and short all the securities. Lehman, Goldman, etc etc.

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Student Loans: The Big Scam

Student loans started with the GI bill in World War II, and has expanded out of control. Because of:  the colleges. Tuition costs raced ahead of inflation by over half in the 80s, which looks like a bargain compared to the  four hundred per cent gap in the last ten years. So, the way toContinue Reading

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Bankruptcy Filings Caused By Banks

Foreclosures on Detroit, Michigan homes, like the ice house in the picture, brought about by:  the Wall Street and mortgage companies! Which leads to more and more bankruptcy filings. A continuing theme on this blog, that mortgage companies criminal acts caused the foreclosure crisis. Michigan Senator Levin gained a lot of ink by quoting scatologicalContinue Reading

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  1. If you find that you are not able to pay your bills as they become due, you may need t take a closer look at your financial situation. Filing for bankruptcy is usually the last resort when no other solution to your financial difficulties appears to exist. However, alternate solutions, such as working out special payment plans with your creditors that fit within your budget, may be available. Agencies such as the Consumer Credit Counseling Service can assist you in working out a plan with your creditors.

    You are not legally required to have an attorney file for bankruptcy; however, consulting with an attorney who has experience in bankruptcy law will help you to fully understand your options and avoid potential difficulties that may occur once you have filed.