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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience:  Bankruptcy Lawyer. Experienced.
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I am trying to determine when my actual filing date was for

Customer Question

I am trying to determine when my actual filing date was for bankruptcy. The meeting of creditors took place on 11/16/00. The case was filed on 10/20/00. The discharge was dated 1/25/01. A reaffirmation agreement was filed January 11, 2001. I need to know the actual file date of the bankruptcy because I am completing a Form U4 and the question asks if I have filed bankruptcy within the past ten years. The form asks if a compromise with creditors have been filed during this time also. So my next question is in later 2001, after my divorce, my ex husband did not keep the home we had (this home had been reaffirmed in the bankruptcy). And so the home was surrendered towards the end of 2001. I dont have any records re: the surrender of the property so I'm not sure how that is viewed and the exact date I am not sure of either. Would this need to be reported as a compromise with creditors? Thank you for your assistance.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

Thank you for your question.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

For purposes of Form U4 based upon the information in your post:
  • date filed -- 10/20/00
  • The surrender of the home would be considered a compromise with creditors

Customer: replied 3 years ago.
Thank you so much for your promptness. Just to clarify for answering the U4 questions correctly. Since the file date of the bankruptcy was 2000, I would answer no to having filed a bankruptcy within the past 10 years, but yes to compromise with creditors since that occured sometime in late 2001?
Expert:  FiveStarLaw replied 3 years ago.

Since the file date of the bankruptcy was 2000, I would answer no to having filed a bankruptcy within the past 10 years, but yes to compromise with creditors since that occured sometime in late 2001?
Yes that is correct

It has been my pleasure to work with you

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FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again,

I have another problem I think. I completed this form when I first completed an application for employment/background check. At that time, I didn't realize what compromise of creditors was and also thought the date the home was surrendered was in 2000. This of course became an issue when I was reading the instructions for the U4 which is why I was trying to get clarification today. My next question is what is the best action in terms of completing this form now with a yes to the compromise when I earlier indicated no. My background investigation has been completed so I am just so confused on this. But I certainly want what I'm submitting to be correct and true. Should I contact the recruiter of the firm I am with and see what they recommend? The u4 form notes that a compromise can include abandanment of property. On the previous form I completed there were two separate lines - one asking about bankruptcy and the other about a compromise. The form I am working on today has both questions in one line. It also asks if a corporation handled the compromise on my behalf. In the case of a surrender, would that be a yes or no answer. Your assistance is greatly appreciated.

 

Thank you again,

Hillary :)

Expert:  FiveStarLaw replied 3 years ago.
I am going to open this question to the other experts as I am uncertain what course of action you should take at this point

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