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Can/Should I file blank bankruptcy forms and schedules?

Absolutely NO!!!! I recently had a client ask me if he could come in and sign blank forms as he didn’t have the time to come in to review his schedules before I filed them with the court. I told him in no uncertain terms that I would not allow him to sign blank forms and that he was signing the schedules and statement of financial affairs under penalty of perjury. As it turns out, there was a number of corrections needed to the paperwork. Fortunately, he made the time to come in and review the paperwork for accuracy before the paperwork was filed. Once your schedules and statement of financial affairs are filed with the court, you may amend them if you find inaccuracies. However, you do not want to amend every schedule filed with the petition. This would raise the eyebrows of the Trustee, Court, and creditors which could ultimately result in your case being dismissed and/or your discharge denied.

An attorney should never ask you to sign blank documents. If you are asked to do so - refuse. And, I would suggest you find another attorney.

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  1. Goldstein | May 6, 2008 | Reply

    I could not agree more. As I inform my clients, the first question the trustee will ask you at your 341 meeting is did you read your petition before you sign?

    Michael

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