what kind of lawyer needed when ex is hiding income/filing bankruptcy

by Prof. Electa Klein 3 min read

Low-income bankruptcies lawyer have a good track record to manage filing fee waiver for the bankrupt people. The low-income bankruptcies lawyers apply before the court with related evidence and documents on behalf of the debtor and the court also waives filing fee after considering the needy condition of the bankrupt people. Payout Plans

Full Answer

Do I need a lawyer to file bankruptcy?

But since a bankruptcy filing involves legal matters, it can be challenging to navigate the bankruptcy process alone. You can file the case without legal help, known as going pro se, but experts typically recommend relying on a bankruptcy lawyer to handle your case.

Where can I get bankruptcy help without an attorney?

Get Help from a Legal Aid Society or Free Legal Clinic. If you can’t afford a bankruptcy attorney, you may be able to receive help from a legal aid society or a free legal clinic in your area.

What does a bankruptcy lawyer do?

A bankruptcy lawyer specializes in giving legal advice to a client about bankruptcy, prepares legal documents for the client and represents the client in court. An attorney must hold a law degree and be licensed in the state where they do business.

How can I hide assets in bankruptcy proceedings?

People try to hide assets in bankruptcy proceedings in many ways—and bankruptcy trustees are familiar with all of them. Here are a few examples: 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.

What happens if you hide assets in bankruptcy?

If the bankruptcy trustee discovers that you have hidden assets, the trustee will file a lawsuit (called an adversary proceeding) in the bankruptcy court. If the court finds you have failed to list or have concealed assets with the intent to hinder, delay or defraud creditors, it will deny your discharge.

What happens if someone owes you money and they file bankruptcy?

When a debtor files for bankruptcy, you must stop all collection efforts immediately. If you continue to try and receive payment, you could be sued or fined. In order to get your money back, you'll have to go through the courts.

Can you hide money from bankruptcy?

Hiding assets is considered perjury. When filing bankruptcy every debtor must swear the information provided is true and accurate. Penalties for concealing property is five years in prison, a $500,000 fine, or both.

What does a bankruptcy trustee look for?

In addition to making sure that your paperwork is accurate and complete, the trustee will be on the lookout for omitted or undervalued assets, undisclosed income, fraudulently transferred property, and any other red flags that can benefit your creditors or indicate abuse of the bankruptcy process.

What debt Cannot be discharged in bankruptcy?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

Can someone sue you if you declare bankruptcy?

Creditors may apply for a judgment for an unpaid debt. Or you may be sued as a result of a lawsuit from a mishap, injury, business loss or other event. Regardless, the process of establishing that a debt is owed and collecting on that debt is the same.

Can a bankruptcy trustee find bank accounts?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary. However, it is rare for them to keep close tabs on every account.

How do I hide assets for bankruptcy?

The following are several ways people attempt to hide assets in bankruptcy proceedings:Lying about owning assets.Transferring assets into another person's name or giving them to someone else to hold.Creating fake liens or mortgages to make the assets appear like they have no value.

How far back does bankruptcy look for assets?

Up to 10 Years Before You File Bankruptcy They look back into your past financial situation to make sure there were no issues with asset transfers. Most go back about two to three years, but depending on your financial circumstances it might be more.

Will a bankruptcy trustee visit my home?

The bankruptcy trustee usually reviews your assets based on the information contained in your bankruptcy paperwork and the information from your bankruptcy hearing. However, the bankruptcy trustee does have the option to personally inspect your home and your assets.

Can I get free help with my bankruptcy case?

Yes, nonprofit legal services offer help to low-income people who either need an attorney to represent them in a bankruptcy case or are handling a...

How long does a bankruptcy stay on your credit report?

A Chapter 7 bankruptcy can stay on your credit report for up to 10 years, while a Chapter 13 bankruptcy may remain on your credit report for up to...

What types of debt can’t be included in a bankruptcy case?

Among the types of debt that can’t be discharged—meaning you’re no longer legally required to pay them—are most student loans, most taxes, child su...

What Can Happen If You Hide Your Property?

If you fail to list some of your assets or property on your bankruptcy papers, and the trustee finds out, here’s what might happen. 1. You won’t be...

How Do People Hide Assets?

People try to hide assets in bankruptcy proceedings in many ways—and bankruptcy trustees are familiar with all of them. Here are a few examples: 1....

How Will The 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 a...

What Happens If You Honestly Forget to List An Asset?

If you don’t list assets that the law allows you to keep, you might not be allowed to claim your right to those assets once they’ve been discovered...

Meet With A Bankruptcy Lawyer

The last thing you want is a problem in bankruptcy court—and there’s no reason to subject yourself to such a problem. Most bankruptcy lawyers can h...

What happens if my ex wife files for bankruptcy?

If your ex-spouse files for bankruptcy, you will be responsible for the debt if you are a joint owner or cosigner. The lender can require you, as a joint owner or cosigner, to make payments on a loan if your ex-spouse declares bankruptcy on the credit.

What is a bankruptcy certificate?

Bankruptcy certificates are required for your debts to be discharged by bankruptcy. We provide pre-filing credit counseling, as well as post-filing debtor education to assist you in the process. Filed Under: Credit, Credit & debt, Debt, Money management, Relationships and Money. Tagged: bankruptcy, Equifax, finance, Trans Union.

How does bankruptcy affect your financial situation?

Bankruptcy allows debtors (individuals or businesses) who owe creditors more money than they can afford to pay to manage their debt in an orderly fashion through court intervention.

What is Chapter 13 bankruptcy?

The U.S. Courts website explains that Chapter 13 bankruptcy is a repayment plan of debts over a period and that Chapter 7 bankruptcy eliminates—or discharges—most or all of the bills. Once the debtor files for bankruptcy, creditors are ordered to stop all collection activity, which is called an automatic stay.

Is alimony dischargeable in bankruptcy?

Even though alimony is not dischargeable, this doesn’t mean you will continue to receive the same amount you did before your ex filed for bankruptcy.

Does divorce wipe out your debt?

The divorce agreement does not wipe out your responsibility to pay, only that you can force another person to do so.”. Be prepared to pay the loan in the event that your ex-spouse stops paying or is discharged from the obligation to pay the debt through bankruptcy. Contact your divorce attorney to discuss your legal options.

Can a creditor notate a bankruptcy?

In rare cases, the creditor may inadvertently notate the filed bankruptcy on the non-filing spouse’s credit report. If the bankruptcy notation is on your credit report, dispute the notation with the credit reporting agencies, Trans Union, Equifax, and Experian.

What can a bankruptcy lawyer do?

Most bankruptcy lawyers can help you achieve your goals in a manner that keeps you out of trouble. Or, at the very least, a bankruptcy attorney will help you understand why trying to skirt bankruptcy laws won't be worth the perceived benefit.

What is the process of filing for bankruptcy?

Filing for bankruptcy is a transparent process. In exchange for having your debts discharged (wiped out), you must list on your bankruptcy papers your income, everything you own, and all your debts. If you don't fully disclose your assets and recent asset transfers, you won't be entitled to a discharge of those debts in ...

What is lying about assets?

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.

What happens if a trustee discovers you have hidden assets?

If the bankruptcy trustee discovers that you have hidden assets, the trustee will file a lawsuit (called an adversary proceeding) in the bankruptcy court.

How much is the penalty for filing bankruptcy?

The penalty for bankruptcy fraud is a fine of up to $250,000, imprisonment for up to twenty years, or both.

How long can a trustee take back a discharge?

The trustee can do this at any time before the case closes or, even after, up to one year after the discharge date.

Can you discharge debts in bankruptcy?

You cannot discharge those debts in subsequent bankruptcies. The debts that you list in any bankruptcy where your discharge was denied or revoked for hiding assets cannot be discharged in a subsequent bankruptcy filing. You could face criminal charges.

Did Dance Moms declare bankruptcy?

In a sensational case that involved hiding income in bankruptcy, the star of the hit reality show Dance Moms declared bankruptcy after struggling with $350,000 worth of debt. However, the star failed to disclose her $755,000 worth of income during this process.

Can you hide income in bankruptcy?

While the above is a good case in point for not hiding income in bankruptcy, there are more penalties one might face for doing so. Each bankruptcy case is different in terms of one’s debt, income, and assets.

Is bankruptcy a good idea?

Bankruptcy can be a real life-saver for those struggling with insurmountable debt. However, defrauding the system is never a good idea. Bankruptcy should get you out of bad situations, and not make them worse!

Can a Massachusetts child support lawyer garnish bank accounts?

However, the state of Massachusetts doesn’t garnish bank accounts, so if the father isn’t being paid with a paycheck, the mother will need to prove increased income with a forensic ...

Is it illegal to hide income for child support?

If you suspect your spouse is hiding income in order to pay less in child support, that’s not only illegal— it’s downright wrong. Your child deserves all the opportunities that both parents can afford. Our team employs forensic accountants (among other family and childcare experts) to retrieve all the evidence you case needs. Let us help your child get everything he or she deserves.

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

Can you finance a Chapter 13 case?

It isn't as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month. Find out more about how bankruptcy lawyers get paid.

Can you represent yourself in Chapter 7?

Even so, it's still possible to represent yourself in Chapter 7.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

How much does it cost to file Chapter 7 bankruptcy?

For chapter 7 case there is a fixed rate of the filing fee and it is $335 . On the other hand, for the case of chapter 13 the fee will be $310. Additionally, the bankruptcy trustees may impose charge ranging from $15 to $20 at the time when you are filing.

What is pro bono legal services?

Pro Bono Legal Services. Many local bars do great work for the people who cannot pay the filing fee or need legal aid to reduce the cost of the bankruptcy case. Luckily these bars have a list of some lawyer who is willing to work for the people who are unable to pay all legal process.

How much does it cost to convert from Chapter 13 to Chapter 7?

But from chapter 13 to chapter 7 you need an extra conversion fee of $25. Credit counseling fee is another cost that you have to bear. It is mandatory before filing your bankruptcy case. There are different credit counseling agencies who offer credit counseling at a cheaper rate.

Do low income bankruptcy lawyers waive filing fees?

Low-income bankrupt cies lawyer have a good track record to manage filing fee waiver for the bankrupt people. The low-income bankruptcies lawyers apply before the court with related evidence and documents on behalf of the debtor and the court also waives filing fee after considering the needy condition of the bankrupt people.

Can a bankruptcy lawyer accept a proposal?

The bankruptcy lawyer may accept your proposal. More importantly, there are different bankruptcy attorneys in your location. The rate of different bankruptcy lawyers may be different. It is possible to get one at a reduced rate when you have gone through one by one.

Is bankruptcy hard to take?

Bankruptcy is a condition that makes people helpless financially and it is hard to take any step due to money. A bankrupt people cannot pay a single dollar to the creditor in a tough financial situation. Filing for bankruptcy costs a handsome amount of money. Fortunately, there are some ways to get relief of some money when bankrupt people as ...

Is it hard to accept the financial crisis?

It is hard to accept the tough financial crisis in life. When someone loses everything in life, it is also a big problem in the last phase of life. Even if you may not have any way to file for bankruptcy, as filing for bankruptcy costs some money that you don’t have at that moment.

How long does it take to get out of Chapter 7 bankruptcy?

Filing for Chapter 7 bankruptcy will be the most streamlined way to remove your liability from a loan. Qualifying debt gets wiped out in four to six months, and you won't need to pay your creditors through a repayment plan.

Can I take my ex off my bank account?

You can try asking the lender to take you or your ex off of the account; however, it's unlikely to work. Most banks won't remove an individual from a loan voluntarily because it's in the lender's best interest to keep as many people—and incomes—tied to the debt as possible.

What information do you need to file for bankruptcy?

What Information Do You Need to Complete the Bankruptcy Forms? Most of the information you'll need to fill out your bankruptcy paperwork will be in those documents, including asset value and income information. For example, you'll use the income documentation to calculate your average monthly income.

How to get a credit report for bankruptcy?

Start by finding loan statements or bills so that you can list each of your creditors in the bankruptcy. Alternatively, you can obtain a credit report that shows all your debts; however, be aware that you're required to list the creditor's billing address, and that address rarely shows up on your credit report.

What does a bankruptcy trustee do when a debtor loses financial paperwork?

When a bankruptcy debtor (filer) loses financial paperwork in a natural disaster, the bankruptcy trustee must: avoid taking action against a debtor who can't produce documents. grant reasonable requests to ease filing requirements, and. take into account a decrease in income or increase in expenses.

How long do you have to file a chapter 7 tax return?

You'll usually need to provide copies of your tax returns or tax transcripts for the last two years in a Chapter 7 case, and four years in a Chapter 13 matter. If you have unfiled returns because you weren't required to file—for instance, your only income source was nontaxable disability benefits —you'll need to explain why.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Do trustees require proof of bankruptcy?

Not only do some trustees require more proof than others, but the particular evidence you'll have to produce will also be determined by the facts of your case. Below are the most commonly required documents in bankruptcy.

Can you file for bankruptcy after a natural disaster?

But not only are jobs and property lost, but the paperwork required to file for bankruptcy can end up missing, too. Fortunately, provisions are made for such emergencies. When a bankruptcy debtor (filer) loses financial paperwork in a natural disaster, the bankruptcy trustee must: