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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Question relates to whether it is likely that my son could

Customer Question

Question relates to whether it is likely that my son could later be charged with perjury by following his bankruptcy attorney's lead and answering "None" to question 10a on US Bankruptcy Court Official Form 7 which asks for a list of all property transferred within two years predeeding the commencement of this case. My son committed a murder June 1979, and has for 30 years been a not guilty reason insanity (NGRI) forensic mental patient in mental hospitals operated by the State of New Jersey. My son is concerned that there is property ['electronic toys" = TV, DVd/VHS video recorders, MP3 players, personal computers, etc] which have been confiscated from him as a form of punishment by the hospital administration -- purchase value over $20,000. It appears these items will never be returned. Bankruptcy attorney knows of confiscated items but choose to say "None" to the question of items transferred. Iitems were literally "stolen". Is "None" proper answer for items confiscated by NJ.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.
Hello Petaluma:

If your son's attorney considered all the evidence and concluded that "None" was the appropriate answer, then that implies that there is no issue since presumably the attorney knows what he or she is doing.

However, your son is the one who signed those documents under oath, so if he feels there is are assets or transfers out there that were not mentioned, then your son can ask (even demand) that his attorney amend his schedules to include them.

If the property was improperly taken from your son, then this may not be a "transfer" like the one asked about in U.S. Bankruptcy Court Official Form 7 (which is much more commonly known as the Statement of Financial Affairs) in Question 10a, but might in fact be a "Loss" like those asked about in Question 8. Losses which have occurred within the past one year prior to the bankruptcy filing are supposed to be listed, and generally includes losses from fire, theft, casualty, gambling, etc.

It is possible that you son's attorney considered the taking to be a "loss," and if it did not happen within the 12 months preceding the bankruptcy filing, then it is possible the attorney concluded that it did not need to be listed.

In any case, if your son is still concerned about it, have him ask his attorney why it was not listed, and if the attorney's answer is not sound, then he can ask the attorney to amend the appropriate schedules and include it.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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