Legal Question in Bankruptcy in Indiana

Refuses to get employment and then files bakruptcy

How can a person in this state refuse to work and then file for bankruptcy after creditors start knocking at their door.I can see if someone has had a turn of bad luck and has tried but someone who does not work and refuses to should not be allowed to discharge debts that they don't make a genuine effort to try and pay.Why doesn't the courts take exception to this?


Asked on 10/15/03, 12:23 am

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Refuses to get employment and then files bakruptcy

Every person who files bankruptcy has to make an honest and accurate statement of their financial affairs. They must also be interviewed by a bankruptcy trustee. If anyone is committing fraud, it is likely to be picked up by the trustee or another creditor. However, it is not fair to say this person hasn't tried to pay their bills. Bankruptcy is avaliable to everyone who needs it. What is not fair to do, may be fair to others.

What you are saying is akin to saying that someone shouldn't get a divorce if they haven't made an honest effort to fix their relationship. Much like bankruptcy, divorce is avaliable to everyone.

However, divorce and bankruptcy each come with their own unique impacts and detriments. Both affect your life for some time.

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Answered on 10/15/03, 10:55 am


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