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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am interested in a lawer who knows case law where a dismissal

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I am interested in a lawer who knows case law where a dismissal instead of a discharge is concerned. Is there one in your service?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.

You've obviously been around here for a while, so you may already be award of what I'm about to say, but because you use the term, "confide," I'm a little nervous about chatting with you.

 

So, just to be clear, there is no confidential or professional relationship possible in this forum. That said, I probably have more research material at my disposal than the rest of the experts here combined. So, feel free to ask, and if I don't think I can answer your question, I'll just tell you and opt out.

 

Thanks,

 

 

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Customer: replied 5 years ago.
I respect your answer however "confide" might have been taken out of context. I am merely trying to gain insight on how to proceed with limited councel. My case was dismissed instead of discharged due to an oversight which is now construed to be a charge of concealment instead of an oversight. Is there a statued of limitations or time frame in which an amendment to the schedule can be filed to correct such a oversight once a Bankruptcy is filed.   

My question that is most pertitent is has there been cases or case law that define fine line and or time line. I made attempts to ammend my schedule but was denied at the Federal level. Now My wife and I am being charged with concealment and false imformation which there is no code to enter at processing by the Federal Marshal. Could not tell us what we were being charged with at processing
Expert:  socrateaser replied 5 years ago.

"It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true." Title 18 USC Sec. 1623(c).

 

Here's the deal, you were just doing what your attorney told you to do, and that's all you know. You had no idea that there was anything remotely wrong, because you believed that the assets that you did not report were not part of the bankrtupcy estate, per your attorney's advise.

 

Your attorney won't like this defense, because it may mean his disbarrment. But, you're more concerned with being "behind bars," at this point.

 

You need a criminal defense lawyer, not a bankruptcy lawyer. I STRONGLY urge you to stop discussing this matter anywhere other than between yourself and your attorney.

 

 

 

 

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34855
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Is there a statued of limitations in which a amendment can be made to a bankruptcy filing. how long do you have to amend a schedule under federal law?
Expert:  socrateaser replied 5 years ago.
The Federal Rules of Bankruptcy Procedure provide a liberal right to amend the debtor's filed papers. Under Fed R Bankr P 1009(a), the debtor may amend any voluntary petition, list, schedule, or statement "as a matter of course at any time before the case is closed." This rule has been tempered somewhat by case law, but amendments are allowed in the absence of bad faith or actual prejudice to the trustee. Arnold v Gill (In re Arnold) (BAP 9th Cir 2000) 252 BR 778.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34855
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

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Attorney and Real Estate Broker -- Retired (mostly)