Legal Question in Bankruptcy in Ohio

My business partner failed to report our company (a LLC) on his personal bankruptcy as an asset. What problems could I expect to deal with when the court finds out?


Asked on 11/21/12, 3:48 am

1 Answer from Attorneys

Daniel Gurtner Aucoin & Younkin, LLC

Lying on your bankruptcy petition is a serious offense. If the case trustee finds out that a debtor lied on his petition (which is signed under oath) or at his meeting of creditors (which is conducted under oath),the trustee may do several things. The trustee may revoke a discharge (if already granted), move to take over the debtor's interest in the undisclosed property (in this case the debtor's ownership interest in the LLC), and refer the case to the FBI for bankruptcy fraud. Lying in a personal bankruptcy case is a serious matter.

This response is based on the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.

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Answered on 11/21/12, 5:30 am


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