Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).