Can You Remove Bankruptcy From Public Record
Unfortunately, there is no current way to entirely remove a bankruptcy filing from public record.
Your bankruptcy will only appear on your credit report for ten years. After that, it will generally only be available through court records. This is because your bankruptcy filing is just like any other public court proceeding.
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Your Bank Account Balance
Filing a Chapter 7 bankruptcy requires you to be open and honest. As you complete your bankruptcy forms, you will want to ensure that you are transparent about your financial situation. The bankruptcy trustee assigned to your case will want to review your bank account statements before your 341 meeting to verify the information you put on your bankruptcy forms matches your bank statements. The trustee will use these statements to get a glimpse into your financial history.
Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms. For example, if you listed your car loan as $500 a month, the trustee will use your bank statements to ensure that amount is being reflected on your bank statements.
Take note, the balance in your bank account is based on an âactual balance.â Any checks that you have written out to someone else, a creditor such as your real estate mortgage lender, etc. but have yet to be cashed, is considered money that is available to you and can be deemed as property of the bankruptcy estate. The bankruptcy trustee wonât care if you wrote checks to pay your mortgage on your real estate and it didnât clear. Knowing your actual balance the day of filing is vital to ensuring your money is safe.
Explaining Why You Filed For Bankruptcy
You don’t need to worry about your case being dismissed because you ran into an unexpected financial situation or even mishandled your money. Those are common reasons that people file for bankruptcy.
And, even if the trustee finds a particular transaction suspicious, explaining what caused your financial problems might help the trustee understand your motivation for filing.
Here are a few common reasons that people find themselves filing for bankruptcy:
- job change or loss
- not enough money to pay reasonable debt , or
- a failed business.
Often, a bankruptcy attorney will predict what the trustee might find questionable, prepare you for the same, or even handle the problem by discussing it with the trustee soon after filing the case.
Can A Trustee Deny Bankruptcy
BankruptcytrusteecancandeniedbankruptcyCommon Bankruptcy Trustee Questions
- Did you review your bankruptcy petition and schedules before you filed them with the court?
- Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge?
- Did you disclose all of your assets?
- Did you list all of your creditors?
- Have you filed for bankruptcy before?
The Bankruptcy Trustee Can Get The Property Back
In addition to risking your discharge, the bankruptcy trustee can typically reverse, or avoid, the recent property transfers and get the asset back for the benefit of your creditors. If you transfer property out of your name within two years prior to filing for bankruptcy , the trustee can avoid the transfer if you:
- gave away or transferred the property with the intent to delay, hinder, or defraud creditors , or
- gave away or transferred the property for less than its reasonable value while you were insolvent or intended to take out more debt than you could afford to pay back .
This means that giving away your property before filing for bankruptcy will usually not keep it from your creditors. But keep in mind that if the asset had no equity or if it was exempt, the trustee will likely not seek to avoid the transfer.
For more information, see Bankruptcy Clawbacks of Preferential & Fraudulent Transfers.
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Can I Have A Bank Account While Filing Bankruptcy
Personal bankruptcies can be filed under Chapter 7 or Chapter 13. If you qualify for a Chapter 7 bankruptcy, all of your debts are forgiven when your bankruptcy is discharged. A Chapter 13 bankruptcy requires you to pay a portion of your debts to your creditors over a three- to five-year period. You can open or retain bank accounts under most circumstances.
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Should I Talk To An Attorney Regarding The Penalties For Hiding Assets In Bankruptcy
In some situations, a debtor does not intentionally hide assets. For instance, you may have simply forgotten to list certain items. It is highly recommended that you contact a bankruptcy lawyer if your have any questions or concerns about hiding assets. The attorney will discuss penalties and what can be done to avoid them.
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
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Can You Hide Money From Bankruptcy
If you hide, give away, or destroy property with the intent to defraud your creditors within one year of your bankruptcy filing date, the court has grounds to deny your bankruptcy dischargethe order that erases qualifying debt. As a result, giving away your assets to hide them from your creditors is never a good idea.
A Creditors Perspective: The Bankruptcy Trustee: Friend Or Foe
The bankruptcy trustee is charged with the administration of all bankruptcy cases to which she or he is elected or appointed to serve. The duties of the trustee are generally two-fold: 1. Administer the debtors assets and 2. Investigate the financial affairs of the debtor. In a typical liquidation case most all chapter 7 cases the cash resulting from the sale of the assets or recoveries from clawback claims is distributed to creditors after the payment of the cost of administering the case. To enable the trustee to efficiently administer the assets, the bankruptcy law confers broad powers upon the trustee.
As a creditor you should be aware of the trustees role, powers and how the trustee can affect your rights.
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Contact The Clerk Of The Court
The first place to check when you need a copy of your bankruptcy discharge papers is with the Clerk of the Court where your case was filed. Some courts will allow you to search the record online for free, while others charge a fee for searches. If you need copies of the document, there will be a fee as well. Copies of the document are often a charge per page. If it has been many years, the case may have been archived, so additional fees may apply.
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What Is The Downside To Filing Bankruptcy
A bankruptcy filing can make it difficult to get another loan or mortgage for many years. Loss of property and real estate. Sometimes not all personal property and real estate will fit under an exemption. This means the bankruptcy court could seize some of your property and sell it to pay your creditors.
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Does A Bankruptcy Trustee Check Bank Accounts
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Likewise, people ask, will bankruptcy trustee Look bank records?
The bankruptcy trustee assigned to your case will use the bank statements to verify your reported information, among other things. The trustee can then use the information to investigate any unusual disclosures to try to find money for creditors or ferret out fraud.
Furthermore, how does a bankruptcy trustee find hidden assets? The bankruptcy trustee appointed to review your case is skilled at looking for any sign of hidden assets. The trustee might find hidden assets by any of the following: a review of your debts public record searches.
Subsequently, one may also ask, will a bankruptcy trustee visit my home?
The trustee doesnt usually need to visit your house to verify the information you provide to the bankruptcy court. So even though it would be extremely unusual for the bankruptcy trustee to come to your house, it could happen.
Can a trustee deny bankruptcy?
Bankruptcy cases demand honesty and cooperation. If you fail to be honest in your paperwork or in your dealings with the court, or you fail to cooperate with the court or your trustee, your case can be dismissed or you can be denied a discharge, but still have to abide by other bankruptcy requirements.
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Do Bankruptcy Trustees Come To Your House
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Fraudulent Transfers Can Result In Denial Of Your Discharge
If you hide, give away, or destroy property with the intent to defraud your creditors within one year of your bankruptcy filing date, the court has grounds to deny your bankruptcy dischargethe order that erases qualifying debt. If the court denies your discharge, you will remain on the hook and responsible for paying back all debts that could have been wiped out in your bankruptcy. As a result, giving away your assets to hide them from your creditors is never a good idea.
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Get Help From Our Waco Tx Chapter 7 Bankruptcy Lawyers Today
Are you ready to take the next step? We can help. At the Law Office of Simer and Tetens, our skilled Texas bankruptcy lawyers have extensive experience handling no asset Chapter 7 bankruptcy cases.
No matter your financial circumstances, we are committed to helping you find a sustainable solution. To schedule a FREE, no-obligation consultation, please do not hesitate to contact us today.
With an office in Waco, we represent clients in McLennan County and throughout Central Texas.
Your House And Other Real Property After Bankruptcy
Here are answers to some common questions about homes and mortgage loans after bankruptcy:
What should I do if I want to keep my home after bankruptcy? Make timely payments if keeping your house. If you did not reaffirm your home mortgage loans in Chapter 7 but are current and plan to keep your property, just continue to make your house payments on time. The bank still has a lien on your home and can foreclose if you fall behind on the payments. Note, as mentioned above, if you did not reaffirm the debt, your payments will not be reported to the credit bureau.
Can I walk away from my home after my Chapter 7 bankruptcy? If you did not reaffirm your mortgage loan in Chapter 7, you have more options than if you reaffirmed the loan. If you do not reaffirm your mortgage loan and decide later that you no longer wish to keep your home, you can simply stop making the payments. Eventually, the property will go into foreclosure, but the bank will not be able to obtain a deficiency judgment against you.
Can I walk away from my home after my Chapter 13 bankruptcy? It depends. Chapter 13 does not discharge your secured loans in most cases unless you surrender the property in your Chapter 13 plan. If you surrendered the property in your Chapter 13 plan, then you can treat it the same as if you had discharged the debt in Chapter 7.
Quick Note: In most instances, modifying a loan that was not reaffirmed will not cause the payments to show on your credit report.
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How Do People Hide Assets
People try to hide assets in bankruptcy proceedings in many waysand bankruptcy trustees are familiar with all of them. Here are a few examples:
- lying about owning assets
- transferring assets into someone else’s name or giving them to someone to hold, and
- creating fake liens or mortgages to make the assets seem like they have no value.
Not disclosing an asset transfer which took place before the bankruptcy filing might also be considered hiding assets.
Committing Bankruptcy Fraud Can Lead To Criminal Prosecution
If you give away your property with the intent to conceal it from your creditors or the bankruptcy trustee, you could be prosecuted criminally. Bankruptcy fraud is a federal offense that can result in hefty fines or land you in prison. If the bankruptcy trustee suspects fraud in your bankruptcy, he or she can refer your case for criminal investigation. The penalties include a fine of up to $250,000, twenty years in prison, or both.
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International Assets In Chapter 13 Bankruptcy
Chapter 13 bankruptcy allows you to make a repayment plan for your debts. This will prevent the liquidation of your assets. However, this category of bankruptcy is not for everyone. You must meet the eligibility criteria, including:
- A steady income. To relieve your debts using a chapter 13 bankruptcy, you must prove that you can meet your monthly obligations as stipulated by the bankruptcy repayment plan. If your income is too low, you cannot qualify for a repayment plan.
- Debt limits. Your secured and unsecured debts should be within limits to qualify for chapter 13 bankruptcy,
- . If you have secured debts, the creditor can take away property such as cars and homes if you cannot settle the debts. On the other hand, unsecured debts will not give the creditor a right to come after you. If you are unable to pay a mortgage, your international assets can be taken away and sold to pay the debts.
- Nature of your finances. Chapter 13 bankruptcy is only available for individual investments. You cannot apply for this category to escape business debts. However, business debts that are your liability could be wiped off as part of your repayment plan. Whether you retain your assets in chapter 13 bankruptcy will be determined by two primary factors. If the property can pay for itself or it is making a loss for the last five years. If personal funds were used to purchase the assets, the bankruptcy trustee could sell it to pay the debt.
What Happens If You Hide Assets During Bankruptcy
Hiding assets during bankruptcy is an easy way to end up behind bars. Anyone considering hiding assets should look up a recent example of Joe and Teresa Guidice, who received prison sentences for concealing assets and engaging in fraud before and during their bankruptcy filing. The reality of the matter is that bankruptcy is a means of ridding yourself of debt legally and legitimately.
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A Day In The Life Of A Bankruptcy Trustee By Karin Krueger
A better understanding of what trustees do in their day-to-day work may help credit and finance professionals appreciate some of the complexities of the bankruptcy process.
Bankruptcy trustees are often painted as the bad guys. Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they’re only in it for the fees.
*Karin Krueger is a freelance finance and business writer.
A version of this article first appeared in the Australian Restructuring Insolvency and Turnaround Association Journal.
What Could Happen If Youre Accused Of Hiding Assets In Bankruptcy
Failing to disclose information about your assets to the bankruptcy court can result in:
- Losing the benefit of discharge. Youll owe exactly what you owe now on debt and your assets are still at risk of being confiscated by the bankruptcy trustee or creditors
- Revocation of your bankruptcy discharge. Trustees can ask the court to take back any discharge youve received if they discover hidden assets
- Inability to discharge debts in future bankruptcies. A debt affected by the revocation of discharge cannot be discharged if you file for bankruptcy again in the future
- Criminal charges. You sign your bankruptcy paperwork under oath and swear that all of the information included in the bankruptcy schedules is true and accurate. If it turns out you hid assets, it could result in fines up to a quarter of a million dollars and up to 20 years in prison.
Its the trustees job to uncover all of your assets. They will review your debts, conduct public record searches and online asset searches, review pay stubs, bank records, and tax returns, and collect reports from co-workers, former spouses, business partners, and more. Should they suspect that you hid assets, theyll file a lawsuit called an adversary proceeding with the court to recover those assets.
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Filing For Bankruptcy You Must List All Of Your Assets
Basically, whenever you file bankruptcy, you are required to list ALL of your assets.
Your assets include the following:
- Your house
- Financial assets
- Other tangible items
Your assets may also include some things that are easily forgotten like bank accounts, life insurance, inheritance, and potential lawsuits.
A good bankruptcy attorney will give you some type of workbook to help you remember your assets. Take your time when filing this workbook out.
Forgetting to list an asset can cause you to lose that asset. Once you have listed all of your assets, your bankruptcy attorney will look at exemptions to determine if your assets are exempt.