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NateLawAnswers, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10633
Experience:  Over 8 years of legal practice.
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Hi. I am a registered nurse. I made about $90k in 2010.

Customer Question

Hi. I am a registered nurse. I made about $90k in 2010. Unfortunately, I had to file bankruptcy the same year, due to bad real estate market, relocating, etc. I am a single mother of 2 boys, do not receive child support. About 14 years ago, my parents died leaving my brother and I some money. At that time I made a personal loan to my brother for $120k. For the first 13 years it was put into an interest bearing account. Last year I had to cash out that account, and since then my brother has been making payments of $330/mo. into my checking account with no interest charged to him. I forgot to tell the bankruptcy court in April about this, and don't know what to do, as I just realized this could be a problem. I'm worried about them dismissing my case. What should I do? Is there a penalty?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  NateLawAnswers replied 3 years ago.
Thank you for your question.

The law is not supposed to punish those who make one or two honest mistakes. If you accidentally leave something off your papers or misstate something on your forms, you can usually correct your papers or explain the mistake to the trustee. But if you leave out so much that it appears that you were careless, the court can find that your actions demonstrate an indifference to the truth and can dismiss your case on that basis.

So, you forgot list the inheritance, or you forgot to list the non-interest bearing repayments from your brother?

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.


Nathan Moore
Customer: replied 3 years ago.
So what do I do? Do I contact the bankruptcy attorney?    I forgot to mention the non-interest bearing $330/mo my brother deposited into my  checking account.  It has been about 9 months that my brother has done that.  Before he deposited it into an interest bearing account.  That was before I filed for bankruptcy.  I have been waiting for about 6 hours for an answer, if I can't get one soon, please let me know, so I can come back tomorrow.  Thank you
Customer: replied 3 years ago.
I did not receive the last e-mail you sent. Please re-send the most recent one.
Customer: replied 3 years ago.
I'm sorry but can I get an answer? I have been waiting all day. I'm not sure what happened with the last response you sent me a few minutes ago.

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