Daily Archives: October 9, 2014

Bankruptcy Court: Truth Counts

Filing bankruptcy requires filling out lots of bankruptcy forms, bankruptcyGUILT

whether Chapter 7, Chapter 11 or Chapter 13.

And signing them under oath.

And appearing in bankruptcy court to swear that

everything on your bankruptcy schedules is true

and accurate.

Don’t be surprised, like the lady in the picture, that you cannot conceal stuff from the bankruptcy court.

One of the latest to get caught lying is a lawyer.

He stated in bankruptcy court that:

A hearing was held on that motion in August 2010. During the proceeding, Davis falsely stated under oath that Furie was aware of the disposition of the $1 million deposit after he removed the funds from the client trust account.

OK, lets start with the less important point:  this is so dumb!!!

Obviously, the folks that gave him the million dollars, per contract to be used to procure petroleum type resource leases, knew this statement was false.

How do you think you can get away with this?

More importantly, honesty is the best policy.

Especially when the penalty is prison, 5 years for our lawyer friend above.

Disclose, disclose, disclose.  Tell everything.

In a Chapter 7 bankruptcy, there are 30 plus pages to fill out.

In a Chapter 13 bankruptcy, over 40 pages.

Read carefully what you are signing!

Judges hear this all the time:  “My lawyer put that in.”

Well, your lawyer is not asking the bankruptcy court for a discharge of debts, you are, and one of the conditions is that you disclose everything about your finances completely and accurately.

Non-lawyers lie to bankruptcy courts, too.

Martinez was unsuccessful the first time she filed for bankruptcy in 2009. She filed five more times between then and 2012.

The indictment said she omitted important information from court filings during her failed attempts to make it through bankruptcy court in Dallas, such as her previous bankruptcy filings and her social security number.

Federal authorities charged her with bankruptcy fraud.

In each case, a federal bankruptcy judge dismissed her Chapter 13 petitions because she failed to file certain required documents in time, such as a statement of current monthly income.

This woman combined perjury with representing herself, it seems.

If you are filing bankruptcy, you need a lawyer.

And, you must tell the truth.

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