BANKRUPTCY PETITIONS AND SCHEDULES—- AN OVERVIEW

BANKRUPTCY PETITIONS AND SCHEDULES

When you file bankruptcy, there is a great deal of paperwork that must be filled out. The paperwork cannot be filled out correctly unless you provide all information that your attorney requests. In bankruptcy, the debtor(s) sign all petitions and schedules under penalty of perjury.

This means that debtor(s) must actually read and understand and make sure that all responses, no matter how small are correct. A case filed by debtor(s) can be dismissed or the discharge denied because information in the petition and schedules was incorrect. Not every error will get your case dismissed or discharge denied, but, if there are a lot of small errors, the Court may dismiss your case or deny your discharge because it believes that you simply did not try hard enough to get the answers correct.

When you are ready to sign the petition and schedules, make sure that you schedule enough time to carefully read and go over the paperwork. If you need to take the paperwork home before you sign the paperwork and read it again, you should do that.

Do not speed read when signing the paperwork. Take your time and go through the paperwork carefully. If you do not understand a question, have your attorney explain the question to you. Many of the questions are simple and straightforward, but, some would require a great deal of legal knowledge to answer.

In subsequent posts, I will go through each part of the paperwork you must sign and try and explain what you need to be doing.

Before we begin, understand that if you violate the first rule, you will not be very happy with the result. In fact, your case may be dismissed if you do not remember this simple rule.

RULE #1:

ALL MEANS ALL. ALMOST ALL IS NOT THE QUESTION.

If you used another name at any time, tell your attorney. It does not matter how long ago it was that the other name was used is a simple example.  If you own a tiny interest in real property, tell your attorney.  Tell your attorney about your property, no matter how much you are afraid you might lose it or how worthless you think the property may be.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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