What happens to an individual debtor who files a Chapter 7 bankruptcy (petition to discharge unsecured debts and retain possession of exempt assets) and fails to disclose assets to the bankruptcy court?

From a helpful article written by Jeffrey Erich Foster on Avvo:

Disadvantages to Chapter 7

1. Dealings with family members. First, if you have repaid family members over the past year (and in certain circumstances over the last three years) over certain dollar amounts, the Chapter 7 trustee will initiate legal proceedings against the family member to reclaim the funds received by the family member over the last year. This is called a preference since you have chosen to repay a family member instead of your other creditors. In fairness to the other creditors, the trustee will reclaim the preferential payment and disburse it pro-rata amongst all creditors during your Chapter 7 case. In addition to payments to family members, any transfer of assets to a family member in the three years prior to your Chapter 7 bankruptcy filing must be disclosed and discussed with our attorney before you file your case. If an asset is transferred to a family member, the Chapter 7 trustee will likely initiate a lawsuit against the family member in order to set aside or rescind the transfer

2. Recent credit activity. If you have made charges in the last 60-90 days prior to your Chapter 7 filing, such charges may be deemed fraudulent in your Chapter 7 case. There is a presumption of fraud for any and all charges made immediately prior to your Chapter 7 filing date. If you have made charges prior to filing your Chapter 7 case and the creditor files a lawsuit against you for fraud, you may be forced to repay these sums as well as interest and attorney’s fees incurred by the creditor to sue you.

Because Chapter 7 is a liquidation bankruptcy, all non-exempt assets will be sold by the Chapter 7 trustee and the proceeds distributed to your creditors. If you fail to disclose an asset in your Chapter 7 case, you will likely lose the asset even if you could have claimed an exemption to protect the asset. Assets that people sometimes fail to disclose in Chapter 7 are automobile accident claims, employment/disability claims, inheritances, interests in trusts, and money owed pursuant to a promissory note or other debt. Chapter 7 bankruptcy trustees are experienced in locating assets and have access to databases that can track property ownership throughout the United States. I liken a Chapter 7 trustee to a forensic accountant in terms of their ability to find undisclosed assets.

2 Comments

  1. Fraud Files Blog 04/24/2012 at 2:01 am - Reply

    […] One option for the bankruptcy court is to approve the McKinney petition for bankruptcy but seize certain assets, sell them, and give the money…. […]

  2. Fraud Files Blog 05/01/2012 at 6:43 pm - Reply

    […] is a catch, however. You must disclose all of your assets when you file bankruptcy. If you fail to disclose all of the assets, and the trustee finds out about them, the trustee can take possession of them and sell them. The […]

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