- All debts
must be listed. It is illegal to "play favorites" in listing your
creditors. All creditors must be listed, even the ones you intend to pay after
the case is filed.
- All property and assets must be
listed. Many assets are protected from being seized by the bankruptcy
court. They are not protected if they are not listed. It is a crime not to list
all property.
- You may have to turn over any
uncollected tax refunds to the bankruptcy trustee. Part, or all, of any tax
refund due for the tax year a bankruptcy case is filed may be required to be
turned over to a bankruptcy trustee. Also, any refunds that are due for
previous years may be required to be turned over.
- You must list all business
information if you are self employed. If you are in business you must list
all personal and business debts, assets, and income.
- All income must be reported.
This includes things many of us don’’t normally consider income such as social
security, family support, alimony, unemployment, and pensions.
- You should refrain from incurring
new debts before filing bankruptcy. Intentionally incurring debts with the
intent not to pay may be a crime.
- You should keep making your house
and car payments if you intend to keep the property. You should maintain
payments on all secured property a client wishes to keep that could be
repossessed before the case is filed. This includes house payments, car
payments, furniture payments, equipment and other items used as collateral.
- Lying can get your case thrown
out of court. The Court may disallow a bankruptcy if a client misrepresents
any facts or otherwise lies on the papers filed in court for the bankruptcy.
- Bankruptcy stops all bill
collectors. The creditors, including tax collectors, are barred from
attempting to collect any debt from you the instant the petition is filed. This
protection is permanent for all discharged debts. Bankruptcy does not stop any
criminal proceeding or government regulatory proceeding.
- Bankruptcy does not clear up a
credit report. It may be reported on credit reports for 10 years.
- You cannot always change your
mind. You cannot dismiss a Chapter 7 case without court approval. You can
voluntarily dismiss a Chapter 13 case anytime.
- Your mortgage company and bank
can add "hidden" fees to the property you want to keep paying for.
A secured creditor may add the attorney fees they incurred to the balance owned
on the property. This may happen even if you are not behind on payments at the
time the bankruptcy is filed. Most mortgages and other loan documents provide
that reasonable attorney fees are allowed and will be added to the balance due
on a loan.
- Bankruptcy crimes are serious.
Bankruptcy crimes carry a punishment by, among other things, imprisonment for
up to five years. It is a bankruptcy crime to conceal property from the court
or bankruptcy trustee; knowingly and fraudulently make a false oath or account;
knowingly transfer or conceal property to defraud creditors; conceal, destroy,
mutilate or falsify records or documents; file a bankruptcy petition to deceive
or defraud.
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Chapter
7 - Getting a fresh start.
Chapter
13
Tragic misconceptions
about bankruptcy.
17
Debts that might not be discharged in your bankruptcy.
13
Rules you must know before filing bankruptcy.
Stopping
creditors
Immediate
relief after the bankruptcy petition has been filed.
Foreclosure
of your mortgage.
Life
after bankruptcy.
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