#1 “Must the Non-Filing Spouse’s Information Be Disclosed?

This continues the series “I’m Filing, My Spouse Isn’t-What Happens?” The series is introduced here.
Let’s start by remembering the context of a review of a bankruptcy petition by angry creditors or the United States Trustee’s office, for example. For one thing, the Means Test might be needed to [...]

The §341 Meeting, also called the meeting of creditors, is a meeting that takes place around 20 to 40 days after your bankruptcy case is filed. At this meeting the case trustee assigned to your case, and any creditors who wish to attend, will be present. The case trustee will ask you a series of [...]

If you are sitting in jail wondering if you can file bankruptcy then your search is over.  The answer is yes if you otherwise qualify for bankruptcy relief under the code.  Just because you are sitting behind bars does not prevent you from accessing the Bankruptcy Court.   Depending of where you are located will depend [...]

You’ve filed bankruptcy and now your § 341 Creditors Meeting is coming up.  What should you expect?  Understandably, many people are apprehensive about their “court” appearance.  Usually, in most consumer oriented bankruptcy cases, the § 341 Meeting of Creditors is not an ordeal.
First, the § 341 Creditors Meeting is required and it is required that you attend this [...]

I wanted to share 13 tips from the FBI before filing bankruptcy.  I often tell clients that lying to the court is a crime, but often they do not believe me.  So many times you will hear of stories of debtors who filed bankruptcy and did not disclose assets such as a boat, land or [...]

After the paperwork for a bankruptcy is filed, the court will schedule a “meeting of creditors.”  Often referred to as a 341 meeting (because it’s required under Section 341 of the bankruptcy code), this is nothing more than an opportunity for the trustee assigned to the case or your creditors to ask a few questions [...]

Bankruptcy is all about protecting you and your property from creditors. But do you really have to disclose ALL of your property in a Chapter 7 filing? Will anyone find out if you don’t?
Here is the short answer: YES.
In a typical Chapter 7 petition, a debtor will be asked no less than 10 times whether [...]

This week, the New York Times reported that consumers who had been the victim of fraud by unscrupulous debt collectors may be getting money back if the New York attorney general is successful in the lawsuit filed against two collection agencies and 35 attorneys.
According to the article, the debt collectors had sued the consumers and [...]

When a debtor files bankruptcy, part of the process requires that they list all assets (all the stuff that they own) and all liabilitlies for the bankruptcy court to review.   This rule has been in place for a long time, but under the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, the rule was emphasized.  [...]

Perjury is a federal crime when it happens in conjunction with a bankruptcy case.  When my clients sign their Petition I inform them no less than 4 times that they are signing the documents under penalty of pejury that everything must be truthful and accurate to best of their knowledge.
This means tell me everything.  Tell [...]