Enhancing Your Knowledge Of Bankruptcy Issues
It is no secret that there are many aspects of bankruptcy that need to be understood throughout the process. With the help of Law Office of Stephen J. Zayler in Lufkin, Texas, you will be provided with all the information you need to fully understand your bankruptcy filing. Attorney Stephen Zayler has years of experience handling bankruptcy cases, as well as educating clients on bankruptcy matters. You can trust that he will provide what you need and answer all questions in an understandable, straightforward manner.
About Bankruptcy Fraud
There are some instances in which the Bankruptcy Court will refuse to grant a discharge to a person. The reasons generally are if the debtor:
- Transferred, removed, destroyed, mutilated or concealed property with intent to hinder, delay or defraud creditors. (Failure to list assets or transfer of assets is an example.)
- Concealed, destroyed, mutilated or falsified financial information. Destruction of records or failure to keep adequate records. (Failure to account for sums of money or property dissipated before filing is an example.)
- Made false oaths or claims, bribed or withheld information from the trustee. (Signing your schedules with incomplete or false information is an example.)
- Failed to explain a loss or deficiency of assets. (Failure to explain the reason the value of the assets in your bankruptcy petition is different from the values listed in prior financial statements is an example.)
- Refused to obey a lawful order of the court.
You should be aware that filing false or incomplete information or concealing assets could be viewed as a federal crime punishable by fine and/or imprisonment. The failure to list assets or the disposition of assets can result in the denial of your discharge or provide grounds for the later revocation of your discharge when discovered.
Please take your responsibilities seriously. Ask if you have questions. Full and complete disclosure of facts and information is of primary importance in a bankruptcy proceeding.
What Will Be Expected Of You
In order to protect yourself before and after you are granted a discharge in bankruptcy, you must have done or will do the following:
- Disclose all of your creditors, assets, liabilities, current income, current expenses and financial affairs. Disclose all of your assets, including possible claims, even though the asset may be an exempt or protected asset.
- Obey all orders of the bankruptcy court and comply with all legal and reasonable requests made of you by the trustee in bankruptcy.
- Attend your first meeting of creditors and any other hearing if required.
- Make certain that you have listed all of your creditors with their correct addresses and zip codes, including creditors such as collection agencies. You should also list anything you might possibly owe or be liable for, no matter how remote. Remember if the obligation is not properly listed, you cannot exercise your rights in bankruptcy as to such unlisted claim.
- List all pending lawsuits against you, all judgments already taken by a creditor and all lawsuits that may be filed against you in the future, including those filed either before or after your discharge. Attorney Zayler emphasizes that filing a petition in bankruptcy does not automatically cancel your debts, but it does normally provide you with a successful defense to lawsuits, which defense must be asserted in a civil action. If you are served with a summons and complaint or if any of your property is levied upon by writ or execution, attachment or garnishment, you must act to defend your rights. Therefore, you must obtain help from your attorney immediately. If there were any outstanding suits, judgments, executions or garnishments against you at the time you consulted our office and you have not disclosed this information before this time, do not withhold this information any longer.
- After your petition in bankruptcy is filed, do not make any new promises, written or oral, to pay creditors. Let Law Office of Stephen J. Zayler know of any debts you wish to reaffirm and continue to pay. These must be properly reaffirmed at the reaffirmation hearing and approved by the bankruptcy judge.
If you and your spouse are experiencing serious problems in your marriage, please let attorney Zayler know. A divorce filing in the middle of a bankruptcy can cause very serious complications and under the law may require your lawyer to withdraw from representing either spouse in the bankruptcy.
Change Of Address Or Employment
If you should change your residence address or acquire a new telephone number, either at work or at home, please provide this information to Law Office of Stephen J. Zayler. As your case progresses, it may be necessary to contact you and make some decisions important to you. If you are uncertain of an address or phone number for any period, please provide your attorney with the name, address and telephone number of someone who will be able to contact you if it becomes necessary. If you should change employment, please inform your lawyer and the trustee’s office of the new name, address and telephone number of your new employer or place of business.
Transfers Of Property
Once you have met with attorney Zayler for an initial consultation, under no circumstances are you to transfer, sell or give as a gift any property of any kind to anybody without first discussing this with him. Some transfers can be considered fraudulent and may be avoided by the trustee, meaning the transfer will be canceled and the property returned to your bankruptcy estate as an asset to be sold by the trustee, regardless to whom the property was transferred.
Contact A Consumer Bankruptcy Lawyer Today
Law Office of Stephen J. Zayler is a debt relief agency. He helps people file for bankruptcy relief under the bankruptcy code.