I can't tell you what you "should" do. I can tell you that however you value the scheduled property, if you're giving it up to your creditors, then you will have less than you did before the bankruptcy, so you can't possibly be any worse off with the SSA than you were prior to bankruptcy.
Legally, the schedules are supposed to be accurate and the attorney can amend the documents to correct any errors. If asked under oath, your brother must tell the truth. However, I doubt that any of this is material to the case, because your brother is getting rid of everything anyway.
So, to that extent, I agree with your brother's lawyer.
Hope this helps.
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Sorry but you are not understanding my brother's situation. You seem to have the same problem understanding what it means to have more than $2000 and so be in danger of losing SSI, and worse, having to pay back many months on account of this error!
I am very unhappy with this reply and wish to not be charged.
I understand the situation. I expressly stated that the schedules are legally required to be accurate. You seem to be looking for me to show outrage for your brother's situation. I have no control over it. If the schedules are incorrect, then he is legally entitled to amend them. Simple as that.
The answer is objectively correct. If you're not happy with a correct answer, I can't control that. But, I do wish you the best, regardless.
I was not looking for outrage. I just did not know what to do since our lawyer says leave the numbers alone. I was hoping you could advise whether there was truly danger of Social Security getting this info and attempting to say that we had lied.
That is why I did not like the first answer. I also do not feel I should pay for the second answer. Perhaps I did not make my questions quite clear enough. But I feel very bad about this communication tonight.
How can SSA claim that you lied if you amend the petition to reflect the truth?
If that's your concern, then amend the pleadings and you have nothing to worry about.
I'll let customer service know that you want to close the question.
Note: Please DO NOT RESPOND TO THIS ANSWER. It will reopen the file.
At the risk of repeating myself, I have contacted customer service and asked that the thread be closed.
Please DO NOT RESPOND TO THIS POST!
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