Loading...

Follow Allmand Law Firm | Dallas Bankruptcy Blog on Feedspot

Continue with Google
Continue with Facebook
or

Valid

Higher education is a critical investment for the future, and it has become a commodity younger generations, as well as older generations looking to start new careers, are required to have by more and more companies when beginning their careers. Unfortunately, it doesn’t come cheap.

With rising tuition costs at both public and private institutions, in addition to ancillary costs for books, room, and board, many American students have turned to student loans in order to fund their education. While student loans can be a sound and reasonable investment for one’s future, they can also become a cumbersome debt that looms large over many individuals for years to come. This is especially true when students accumulate large student debt loads, and have difficulties finding employment or jobs that pay them enough to pay down their debt.

If you have student loan debt and are considering bankruptcy, you are certainly not alone. Student loan debt now exceeds credit card debt as Americans ‘largest financial obligations, and the problem has become one economists suggest could trigger the next bubble. As such, legislators and advocates are constantly pursuing ways to deal with the crisis, including gaining control of rising tuition and providing better subsidies and scholarship opportunities to students. While many lawmakers are also exploring ways to make student loan debt dischargeable, or to allow for debt relief to those who carry burdensome student debt loads, student loan debt still generally remains a non-dischargeable debt in bankruptcy.

While student loan debt may not be wiped away by bankruptcy, at least for now, it does not mean that bankruptcy is not a viable solution for debt relief and financial improvement. Having working with numerous clients across the Dallas – Fort Worth area who struggled with student loan debt, in addition to other financial concerns, our bankruptcy lawyers at Allmand Law Firm, PLLC know how to help address the unique issues involved and guide clients throughout the bankruptcy process.

If you think you have a shot at discharging your student debts through bankruptcy, here's what you need to know:

  • There may be options – Although student debt loans are typically non-dischargeable in bankruptcy, there has been increasing use of exceptions made by courts. These are generally reserved for situations where borrowers face undue hardships to both themselves and any dependents if they are required to remain on the hook for student loan debt.
  • Proving hardship – In order to prove undue hardship, courts commonly use a Brunner test, which involves showing: 1) a minimal standard of living cannot be maintained when a debtor is forced to repay student loans; 2) there are additional circumstances that complicate their ability to repay student loans, and which will likely persist through the repayment period; and 3) the debtor has made attempts in good faith to repay the student debt.

These are merely general facts about pursuing a discharge of student loan debt, and it must be mentioned that every case is unique. Your particular situation and the financial circumstances involved will always dictate your available options and whether you may be entitled to a discharge of student loan debt.

If you have questions, our legal team at Allmand Law Firm, PLLC is available to discuss your situation, student loan debt, and how we may be able to assist you in pursuing bankruptcy or other debt relief options. Contact us for a FREE financial empowerment session.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

If you or a loved one are currently considering bankruptcy to address your financial problems and obtain a financial fresh start, it is important to remember that not everything you hear about the process is true. There are a great deal of myths surrounding bankruptcy, and they often comes through word of mouth, anecdotes, and sheer misinformation they gets perpetuated among the public. Taking these myths as fact can not only give you the wrong idea of what bankruptcy is truly intended for and how it is used, but can also lead to critical errors in your financial journey that may impact your ability to qualify or navigate the process successfully.

At Allmand Law Firm, PLLC, our Dallas bankruptcy lawyers have worked with many clients across the Dallas-Fort Worth area, and we have heard it all when it comes to myths about bankruptcy. Below, we have put together some of the most common myths we hear from our clients, and have provided the facts that put them to rest:

  1. Bankruptcy will eliminate all past debts. People may mistakenly think filing for bankruptcy will provide them with a completely “fresh start” and blank financial slate that means they won’t have to pay back any of the money they have owed. While it is true that bankruptcy can provide a type of fresh start in a brighter financial journey, several types of debt, including alimony, child support, restitution payments, and even student loan payments, are not discharged by bankruptcy, and you will still be responsible for paying them. If you have kept up with filing your taxes, there is a chance that any tax debts you have may be reduced or eliminated, but if not, you will still be responsible for these debts as well.
  2. Bankruptcy will destroy your credit permanently. Your credit will take a hit, but it is only temporary, and you will find that you will very soon be receiving credit card offers through the mail once again. In order to rebuild your credit, take advantage of a secured, low-limit credit card and start making regular, on-time payments. Within a year, switch to a regular credit card and continue making payments. As long as your payments are not late, your credit score will improve. Bankruptcy is not a process that is intended to permanently scar and hinder consumers, and there is always life after bankruptcy.
  3. Spending sprees right before filing for bankruptcy won’t have to be repaid. Courts consider this to be fraudulent activity, and any debt that you rack up through fraud is not dischargeable. You will still be responsible for repayment even if you have filed for bankruptcy. Fraud can not only impact your bankruptcy case, but also potentially expose you to criminal allegations. Simply put, don’t believe this myth. It can cause a great deal of trouble.
  4. Those who file for bankruptcy can’t control their spending and are financially irresponsible. This simply isn’t the case for many well-intentioned Americans. A person who files for bankruptcy does not necessarily always have a spending problem. Personal problems like a long-term serious illness, an expensive divorce, or losing one’s job can cause even the most responsible people to have serious financial issues that can only be solved by bankruptcy. In a time when financial problems impact thousands of Americans, bankruptcy becomes a tool that helps good people who have fallen on tough times.

Bankruptcy is not meant to be a financial cure-all, but it can benefit many people who are struggling to regain financial control once again. Bankruptcy does not define a person, and there is always hope to regain financial freedom. If you are considering filing for bankruptcy, call Allmand Law Firm, PLLC today and request for a FREE financial empowerment session to learn more about your options.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Most people are aware that one of the hallmarks of filing for bankruptcy is receiving a discharge of debts at the conclusion of a case. While a debt discharge certainly provides you with the benefit of relinquishing your obligation to make payments to a creditor and a financial fresh start, there are limitations for how it works. Unlike some myths and misconceptions may have led you to believe, bankruptcy discharges do not eliminate all debt.

The U.S. bankruptcy code was designed to help honest debtors with insurmountable debt loads, and part of this entails discharging certain debts at the end of a bankruptcy case. Whether you file for Chapter 7 or Chapter 13 bankruptcy, you may no longer be obligated to pay certain outstanding debts. Here are a few key points to understand about discharges and what bankruptcy can and cannot do.

  • Non-dischargeable debts – There are certain debts that are generally ineligible for discharge. These commonly include payments ordered by a family court (such as alimony or child support), tax debts, and secured debts (where there is collateral). In most cases, student loan debt is not dischargeable.
  • Unsecured debts – Unsecured debts are debts without collateral. This means that a creditor does not have an ability to take possession of property if you fail to make payments. Unsecured debts most commonly include credit card debt.
  • Liens – Discharges eliminate debts, but they do not get rid of any liens on your property held by creditor. Creditors can still repossess property if they have a lien.
  • Chapter 7 and Chapter 13 – Both Chapter 7 and Chapter 13 allow for a discharge of certain debts at the end of a case. However, the nature of the discharge will vary. For example, individuals who file under Chapter 13 will continue to make payments to creditors for the duration of a three to five year repayment plan. At the end of the plan, remaining eligible debts may be discharged. Chapter 7, on the other hand, may eliminate larger debt loads of dischargeable debt because filers do not make payments, and instead liquidate any available assets for use in payment to creditors.

Preparing clients for a discharge of debts and their life after bankruptcy is a primary goal at Allmand Law Firm, PLLC. By working closely with clients and exploring all of their available options, we provide guidance along the most appropriate steps toward a successful outcome. To learn more about your options and what our bankruptcy lawyers can do to help you anywhere in the Dallas – Fort Worth area, contact us for a FREE financial empowerment session.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Bankruptcy is a legal process designed to help individuals who are struggling with insurmountable debt, not to punish or mar them in their financial future. Although there are many myths and misconceptions about how bankruptcy impacts credit, and while many people have concerns over their credit scores, it is important to remember that bankruptcy is the beginning of a financial fresh start, and that with diligent effort, individuals who file bankruptcy can effectively rebuild their credit.

At Allmand Law Firm, PLLC, our Dallas bankruptcy attorney take the time to educate our clients about their rights and the bankruptcy process, and equip them with the tools and information needed to succeed in the future. This includes discussions about bankruptcy’s impact on credit, which will depend on the Chapter of Bankruptcy filed under.

Chapter 7

A Chapter 7 bankruptcy filing will remain on your consumer credit report for up to 10 years. As time passes, discharged debts and a filing have less of an impact on your credit score, especially if efforts have been made to rebuild credit. In fact, discharged debts drop typically drop off a credit report before the bankruptcy filing itself (approximately 7 years).

Chapter 13

A finalized Chapter 13 bankruptcy is displayed on your credit report for up to seven years after filing. This is the same for any discharged debts. However, because discharged debts are paid during the three to five year repayment plan, they may remain on a credit report longer than the filing itself.

Creditworthiness

Aside from the amount of time that a bankruptcy filing and discharged debts will remain on your credit report, it is important to understand how they affect your credit. Ultimately, credit is a form of “trustworthiness,” and as the currency of trust is typically time, you will find that a filing has less of an impact in your ability to obtain credit as it gets older. As you make payments toward new obligations, creditors will be more likely to extend offers.

Still, your bankruptcy will affect the type of credit or loans you may be able to obtain, and whether offers have hidden high interest rates or involve subprime lenders. Mortgage lenders will also view bankruptcies differently. For example, you may be eligible for an FHA mortgage in just a year following a Chapter 13 bankruptcy, or two years following a Chapter 7 filing. Wait periods will vary, however, especially in consideration of factors such as your income, current debt, and your down payment.

While bankruptcy may not provide any immediate benefit to your credit, it’s affects are not permanent. In fact, many people leverage bankruptcy to regain their financial stability and build their way to a higher credit score than they had before. In a previous blog, we discussed how to rebuild credit after bankruptcy.

Preparing you for your financial future is a top concern at Allmand Law Firm, PLLC. To discuss your situation and options with a bankruptcy lawyer, contact us for a FREE financial empowerment session.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Bankruptcy is a debt relief process that enables consumers with insurmountable debt loads and financial struggles to gain control of their economic health. Achieving this goal and obtaining a brighter financial future will depend on the Chapter of bankruptcy filed under. For example:

  • Chapter 7 bankruptcy involves the liquidation of non-exempt assets to pay at least some percentage of debt owed to existing creditors in order of priority. Because many Chapter 7 cases are no-asset cases, some creditors may not receive any payment at all prior to discharge.
  • Chapter 13 bankruptcy allows individuals with sufficient income to restructure and consolidate debt into a repayment plan over the course of three to five years, during which they will make a single payment to a bankruptcy trustee. This payment will then be dispersed to creditors based on priority. At the end of a repayment plan, remaining debt on unsecured debts, such as credit card debt, will be discharged.

In both Chapter 7 and Chapter 13 bankruptcy cases, money for unpaid debts does come from somewhere – either a liquidation of assets or available disposable income. Because there are other fees and expenses associated with filing bankruptcy – including filing and attorney fees and credit counseling or financial management courses – we often hear concerns as to where debtors can obtain the funds necessary to address these costs and other financial obligations. By closely reviewing our clients’ unique situations, our Dallas bankruptcy attorneys at Allmand Law Firm, PLLC can help them explore ways to free up finances when necessary. Some of these options may include:

  • Tax refunds received prior to a bankruptcy filing can be used strategically and beneficially without introducing new legal complications. By waiting to spend a tax refund, it may be considered as part of your bankruptcy estate, which can be used to satisfy creditors. Refunds can also be used with guidance from an experienced attorney who can help you obtain exemptions, used the refund toward filing or attorney fees, and may necessary payments toward necessities and utilities.
  • Credit card payments, or the money you would have paid toward new credit card debt, can also be used wisely prior to or during bankruptcy. If you plan on filing, it is best to stop using your credit cards so that you do not create new debt, or subject yourself to scrutiny for racking up debt with hopes of it being discharged once a bankruptcy is finalized. By limiting credit card use before filing, you can free up necessary funds and later benefit from the discharge of debts.
  • Consumer protection actions may also allow consumers to secure additional funds when their rights have been violated by creditors who failed to abide by the Fair Debt Collection Practices Act. Under the FDCPA, creditors are prohibited from using a number of tactics when attempting to collect from consumers who are behind on payments, including excessive calls and other forms of harassment. When successful, these claims can allow consumers to obtain as much as $1,000 when creditors harass them, as well as other damages and attorney fees.
  • Managing expenses may be easier said than done, but when you are considering bankruptcy, every dollar saved can make the difference. Take a look at your financial situation, even with the help of an attorney, to see where you can cut costs and save money that can be used toward your bankruptcy and other necessary expenses. You might find that saving here and there can quickly add up and provide the funds you need. Taking a serious approach to budgeting and spending can also prove beneficial when during and after your bankruptcy case as you begin to rebuild your credit and gain control over your finances.

Aside from these options, some individuals also have options of seeking low-cost legal services, provided that they meet qualifying criteria, or ask friends and family for assistance if needed. Ultimately, the best thing you can do when considering bankruptcy and how you can initiate and navigate the process is to work with experienced attorneys like those at Allmand Law Firm, PLLC.

Led by Board Certified Bankruptcy Specialist Reed Allmand (Texas Board of Legal Specialization), our legal team can help you learn more about paying for bankruptcy and how you can benefit from the automatic stay and debt discharge. For a FREE financial empowerment session, contact us today.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Bankruptcy is a significant legal endeavor that can provide substantial benefits to individuals and families struggling financially. Thanks to the automatic stay and discharge of debts provided by consumer bankruptcy – including Chapter 7 and Chapter 13 bankruptcy – those inundated by insurmountable debt loads and financial concerns can secure the fresh start and cleared path needed to obtain a brighter future.

While bankruptcy has many benefits when it comes to debt relief, foreclosure defense, and financial stability, consumers considering the process often have many concerns and fears about their future. As bankruptcy lawyers who serve residents across the Dallas – Fort Worth area and beyond, our team at Allmand Law Firm, PLLC has heard them all – especially those related to public records of bankruptcy filings.

It is important to understand that bankruptcy filings are public, which means that records of your bankruptcy case can be obtained by the general public as part of publically available court documents. However, it is also important to consider that just because bankruptcy records are public, does not mean that everyone will see them or even care to look for them.

Bankruptcy & Your Future

Bankruptcy comes with many myths and misconceptions regarding its impact on one’s future. Under the U.S. Bankruptcy Code – which was intended to help consumers struggling with debt, not punish them – bankruptcy is designed to NOT be a ruinous or permanent scar that hinders your future. Instead, it’s effects are temporary and how it affects your ability to obtain credit, loans, and other forms of financial transactions not only depends on unique circumstances, but also becomes easier over time as you establish better credit.

For the most part, the general public will not care about viewing your bankruptcy records. Records of your filing – usually in the form of information provided on a credit report – will largely only be of use to creditors and lenders who extend loans and lines of credit based on your financial background. Although a bankruptcy filing can remain on your credit report for up to 10 years (or less in some cases), you can still obtain credit and loans and improve upon your credit score. In previous blogs, we have gone into depth about bankruptcy’s effects on credit and how filers can rebuild their credit after bankruptcy.

A Financial Fresh Start

Concerns about privacy and bankruptcy filings often stem from feelings of shame and embarrassment. While understandable, consumers should take comfort in knowing that although bankruptcy records are technically public, they will largely remain private and only used by creditors who you provide content to pull your credit report, creditors listed in your case, and on any applications or instruments where you choose to personally disclose the information.

What’s more important than worrying about your past and previous financial struggles is your new financial fresh start. With bankruptcy, you have the opportunity to gain control of your finances, make payments toward pre-existing debt that can allow you to save your home and property, and / or benefit from a discharge that frees you from insurmountable debt loads. With this cleared path, you can better navigate toward a brighter financial future, and one in which you can expound upon the benefits of bankruptcy.

Allmand Law Firm, PLLC addresses concerns like these and many others on a daily basis when clients come to use during their times of need. If you have questions about bankruptcy, your current situation, and how our legal team can help you explore options for debt relief, contact us for a FREE financial empowerment session!

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

In 2005, lawmakers passed the Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA) and made several significant changes to U.S. bankruptcy laws. BAPCPA affected both consumer and business bankruptcies by creating a new test to determine who is capable of paying back what they owe, and what bankruptcy chapter they are eligible to file under.

Today, any person who chooses to file for bankruptcy must first take the bankruptcy means test. This income-based test will evaluate a person’s financial situation in order to determine if they can file for Chapter 7 or Chapter 13 bankruptcy.

The means test primarily exists to limit the use of Chapter 7 bankruptcy to only consumers and businesses that need it most. The means test will work by analyzing your monthly income and disposable income and determining if you have the means to pay back your debts.

  • Monthly Income - The means tests compares your monthly income to the median monthly income in Texas. If your income is less than the state’s median income, you qualify for Chapter 7 bankruptcy. If your income is more, your disposable income will be evaluated to determine if you have the resources to make payments on your debts.
  • Disposable Income - Your disposable income includes any funds leftover after paying monthly expenses. If you don’t have enough disposable income to make monthly payments toward your debt - according to the means test - you qualify for Chapter 7 bankruptcy. If you do have the money to make payments, however, you will likely have to file under Chapter 13 bankruptcy.

The means test is only one component of the bankruptcy and debt relief process our attorneys at Allmand Law Firm, PLLC can help you understand. Our lawyers understand that every client and financial situation is unique, and we take the time to help each client choose the path that is best for them.

If you have questions about gaining control of your finances and which Chapter of bankruptcy you may be eligible to file under, contact our firm for a FREE financial empowerment session. Our bankruptcy lawyers serve clients in Dallas and Fort Worth.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Although foreclosure rates are no longer at historical peaks as they have been in recent years, millions of homeowners across the nation still face the personal and financial challenges of foreclosure proceedings. This is true in Texas, where foreclosure activity across the state and the Dallas-Fort Worth area has increased in past two years. That leaves many homeowners struggling to find relief during tough financial times.

At Allmand Law Firm, PLLC, our Dallas bankruptcy lawyers assist clients explore all of their available options for debt relief and foreclosure defense, including bankruptcy. As we mentioned in a previous blog that debunked common bankruptcy myths, misconceptions and inaccurate information can severely compromise individuals and property owners who want to secure the financial fresh start they need. That’s why our legal team wanted to put together the following list of foreclosure myths and why they are simply untrue:

  1. Filing for bankruptcy stops a foreclosure. While bankruptcy may temporarily delay the foreclosure process - and provide the necessary time and funds to enact a defense strategy - it is not itself a strategy for completely stopping it. Other loss mitigation options may be available if you contact your mortgage servicer in a timely manner, including loan modifications. Depending on your circumstances, the automatic stay afforded by bankruptcy may also provide you with the time and funds to catch up on missed payments, or enact a repayment plan that fits the mortgage servicer's needs.
  2. You’re not responsible for paying the bank’s legal fees. This, unfortunately, is not the case. If you read the fine print of your mortgage agreement, you will find that you are in fact responsible for the bank’s legal fees in the event of a foreclosure.
  3. The bank really wants your home back. Foreclosure can be a time consuming process for banks, and is often used as a last resort. Most banks will do everything possible to work things out with a homeowner in order to avoid foreclosure, putting you in position to stay in your home when possible.
  4. Your involvement with the property is over once the bank takes it back. If the bank sells your home after foreclosure for less than what you owed on your mortgage, you will be held responsible for paying the difference, or “deficiency.” Furthermore, the bank can collect interest on that amount. A chapter 7 bankruptcy or deed in lieu of foreclosure may clear you of owing a deficiency, so contact Allmand Law Firm, PLLC to speak with a bankruptcy attorney to talk about your options.
  5. Even if I pull together the money to stop a foreclosure, there is no way to stop it. Most states, including Texas, have laws that require foreclosure proceedings to be stopped if the homeowner has the money to cover all missed mortgage payments, late fees, and legal fees owed. The lender or servicer is required by law to send the borrower a notice of default and intent to accelerate, which gives the homeowner at least 20 days to cure the default before notice of sale can be given.

If you are behind on your mortgage payments or are currently facing foreclosure, you have options. We invite you to contact Allmand Law Firm, PLLC to discuss your unique case and obtain advice tailored to your situation. When you choose to work with our firm, we may be able to put a stop to foreclosure proceedings, protect your credit history, protect you against potential tax obligations, and more.

Case evaluations are provided free of charge. Allmand Law Firm, PLLC serves Texas clients from two office locations in Dallas and Fort Worth.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

If you are considering bankruptcy or have plans to file bankruptcy, getting prepared ahead of time can affect the outcome of your case and your financial future. At Allmand Law Firm, PLLC, we know that failing to prepare or taking the wrong steps can significantly jeopardize the success of a filing. This is why we do all we can to educate our clients about the journey ahead and their rights, and to provide them with all the information, assistance, and resources to make the process run as smoothly and sufficiently as possible.

We have seen how many individuals struggling with debt have made mistakes prior to bankruptcy filings – including some with disastrous consequences. Here are a few things to avoid before filing bankruptcy:

  1. Neglecting to file tax returns - Your tax returns are important and are required as part of your petition and schedules (filing paperwork). They are important in helping satisfy back income tax claims. If tax returns are not filed up to date, your case could come to a standstill.
  2. Providing false information - When you decide to begin the filing process you will be required to submit financial data to your trustee or attorney that will be reviewed by the court. Your information should be complete, accurate and honest. Failure to do so may incur criminal prosecution, case dismissal or debt discharge not being granted.
  3. Changing titles or moving assets - If you do this right before filing, it may look as if you are attempting to hide assets. You may want to wait a certain period before filing.
  4. Running up new debt - Basically, if you rack up a ton of debt within 90 days of filing, it may not get discharged. In this case, fraud would have to be proven by the creditor. Meaning, maxing out creditors because you know you will file bankruptcy could mean you would be liable in the end.
  5. Choosing to pay certain people or creditors over another - In some cases, a bankruptcy filing may undo a payment you made depending on the circumstances.
  6. Hiding assets or failing to report an asset you anticipate on receiving (will, trust, lawsuit settlement, etc.) - You can review your options with a Dallas / Fort Worth bankruptcy attorney prior to filing to learn how to protect such assets legally.
  7. Not working with a lawyer – While there is no law requiring filers to have an attorney, working with an experienced lawyer can make the difference in bankruptcy proceedings, which are known for their complexities and for the weight they have on one’s future. With guidance and counsel from seasoned legal professionals, you can ensure you are taking the rights steps every step of the way.

Our Dallas / Fort Worth Bankruptcy lawyers our passionate about helping clients secure a brighter financial future. If you have questions about getting started or how we can help improve your particular situation, contact us for a FREE financial empowerment session. Our lawyers are available to help you explore your debt relief options – including Chapter 7 and Chapter 13 bankruptcy – as well as other ways to defend against foreclosure or gain control of your finances.

Read Full Article
Visit website
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

When an individual or couple files for bankruptcy, they are required to disclose all of their assets in their petition. It is important for filers to remember that they must be 100 percent truthful when disclosing assets and that they not attempt to hide them. Some people think that by concealing assets, they won’t be taken away by the court during bankruptcy. However, doing so is considered perjury, which comes with a number of penalties which ultimately may end up costing the filer even more.

There are many reasons why an asset may go undisclosed by a filer. These include:

  • The filer lied about possessing the asset
  • The filer transferred an asset to someone else’s name
  • The filer created fake mortgages or liens to devalue their property
  • The filer may have been careless in disclosing the asset
  • The filer may have legitimately forgotten to include assets they may not have thought of

Bankruptcy trustees are very keen detectives and are not often fooled by hidden assets. All it takes is a public records review, a debt review, a review of bank records or tax returns, or a look at online asset searches to determine whether or not an asset has been hidden or transferred. If a filer is found to have attempted to conceal assets, they face a number of repercussions. Not only will their hidden assets not be eligible for discharge (meaning they will still owe the debt they were trying to get rid of with bankruptcy), but they may also get their discharge revoked. Worse still, they may face criminal charges and penalties for perjury, which is punishable by up to five years in prison and / or a fine of up to $500,000.

Sometimes, though, assets are not disclosed simply because a person made a mistake without malicious intent. If this happens, the filer should immediately disclose the asset to their trustee. As long as the mistake was not made in an attempt to delay, hinder, or defraud creditors, the error should not result in a denial of a discharge.

The following are examples of assets most commonly forgotten in bankruptcy petitions:

  • Retirement benefits
  • Inheritances
  • Lottery winnings
  • Trusts
  • Lawsuits
  • Co-owned assets
Considering Bankruptcy? Work With an Attorney You Can Trust

If you are considering bankruptcy in the Dallas - Fort Worth area, please get in touch with a Dallas bankruptcy attorney at Allmand Law Firm, PLLC. Our team is prepared to assist you with your filing so that you can reach a resolution as quickly and smoothly as possible. Get started with a FREE financial empowerment session when you contact us.

Read Full Article
Visit website

Read for later

Articles marked as Favorite are saved for later viewing.
close
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Separate tags by commas
To access this feature, please upgrade your account.
Start your free month
Free Preview