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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Question relates to whether it is likely that my son could

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Question relates to whether it is likely that my son could later be charged with perjury by following his bankruptcy attorney's lead and answering "None" to question 10a on US Bankruptcy Court Official Form 7 which asks for a list of all property transferred within two years predeeding the commencement of this case. My son committed a murder June 1979, and has for 30 years been a not guilty reason insanity (NGRI) forensic mental patient in mental hospitals operated by the State of New Jersey. My son is concerned that there is property ['electronic toys" = TV, DVd/VHS video recorders, MP3 players, personal computers, etc] which have been confiscated from him as a form of punishment by the hospital administration -- purchase value over $20,000. It appears these items will never be returned. Bankruptcy attorney knows of confiscated items but choose to say "None" to the question of items transferred. Iitems were literally "stolen". Is "None" proper answer for items confiscated by NJ.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Hello Petaluma:

If your son's attorney considered all the evidence and concluded that "None" was the appropriate answer, then that implies that there is no issue since presumably the attorney knows what he or she is doing.

However, your son is the one who signed those documents under oath, so if he feels there is are assets or transfers out there that were not mentioned, then your son can ask (even demand) that his attorney amend his schedules to include them.

If the property was improperly taken from your son, then this may not be a "transfer" like the one asked about in U.S. Bankruptcy Court Official Form 7 (which is much more commonly known as the Statement of Financial Affairs) in Question 10a, but might in fact be a "Loss" like those asked about in Question 8. Losses which have occurred within the past one year prior to the bankruptcy filing are supposed to be listed, and generally includes losses from fire, theft, casualty, gambling, etc.

It is possible that you son's attorney considered the taking to be a "loss," and if it did not happen within the 12 months preceding the bankruptcy filing, then it is possible the attorney concluded that it did not need to be listed.

In any case, if your son is still concerned about it, have him ask his attorney why it was not listed, and if the attorney's answer is not sound, then he can ask the attorney to amend the appropriate schedules and include it.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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