Memphis, TN asked in Bankruptcy for Tennessee

Q: Bankruptsy case closed vs discharge

Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??

Thanks, this is a very helpful law forum.

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: "Debts and assets intentionally left off".

If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.

The bankruptcy Schedules are signed by a debtor under penalty of perjury. Those Schedules, and the questions within, are designed to disclose ALL assets and ALL debts and claims.

Bottom line-whoever signed those Schedules knowing that not all debts and assets had been listed and disclosed, is now exposed to criminal prosecution for perjury, at $50K per count plus imprisonment.

The attorney involved, depending somewhat upon extent of involvement, may be likewise vulnerable to repercussions, including criminal prosecution, disbarment, etc.

It is NEVER advisable to transform a debt problem to a criminal issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.