Monthly Archives: October 2009

What to disclose in bankruptcy papers

If the headline drew you in, like the Geico gecko, you can complain you’ve been duped in bankruptcy, you disclose everything. Period. My colleague David Leibowitz, himself a bankruptcy trustee, writes about things frequently omitted from bankruptcy schedules., and the possible consequences. In my experience, the problem is not so much an intention to conceal…

Lawyers ask “How does bankruptcy work?”

The good folks at the Collaborative Law gathering yesterday had the same questions that their clients have:  when is the right time to file bankruptcy?  what happens when you file?  what does it  do to (for?) your life? Collaborative Law, as I understand it, involves couples in a cooperative effort with a shared set of…

Cases crater when debtors inattentive

I sat in a courtroom last week and watched dozens of Chapter 13 cases get dismissed, often because the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Perhaps I shouldn’t be surprised that folks who didn’t take filing tax returns…

Incorporation slip up stands to benefit business owner

Usually I’m bewailing the lack of attention with which bankruptcy clients handled the incorporation of an ongoing business.? In variably, the vendor accounts are still in the name of the proprietor, the stock may not have been issued, and it’s unclear whether there was an explicit transfer of the assets to the corporation. But last…