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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39029
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I wish to speak to socrateaser, who helped last night. I

Customer Question

I wish to speak to socrateaser, who helped last night.
I take my brother to his bankruptcy meeting in the a.m. Just realized that errors in the petition on value of cars and household items make it look as if he owns way more than the $2000 he can own (cash and property) and still draw SSI. Called lawyer who said don't worry--we're getting rid of it. But to me it makes us look like we have been lying to Social Security and we could pay dearly if Social Security sees these numbers.

Should I tell the judge in the morning about these errors or take the chance Soc. Sec. will not see these figures?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

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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Customer: replied 8 years ago.

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.

Expert:  socrateaser replied 8 years ago.

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.

Customer: replied 8 years ago.

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.

Expert:  socrateaser replied 8 years ago.

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.

Customer: replied 8 years ago.
Sorry but you have missed my point completely tonight. (Last night your answers were very helpful and right on target.) I do not wish to pay tonight. Please can we end this and let me off the hook?
Expert:  socrateaser replied 8 years ago.

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.


Good luck.

Customer: replied 8 years ago.
Now how do I get out of this without having to pay?
Expert:  socrateaser replied 8 years ago.

At the risk of repeating myself, I have contacted customer service and asked that the thread be closed.