BANKRUPTCY IN FLINT MI, BANKRUPTCY LAWYER TERRY BANKERT 235-1970

The Bankruptcy laws are on the books to protect you. Wall Street and the big banks got their bailout Chapter Seven Bankruptcy is yours. Call Flint Bankruptcy Lawyer Terry Bankert 235-1970

There are times when the economy is just too hard on us and we need a debt attorney.
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1. BANKRUPTCY FACTOID-In re Unruh, 2008 WL 341465 (5th Cir 2008):
2. “For purposes of denying an amended exemption, bad faith may be shown by a gross and deliberate understatement of the value of an asset, made in an attempt to deceive creditors or the bankruptcy court. See also In re Hannigan, 409 F.3d 480, 484 (1st Cir.2005) (affirming a finding of bad faith where debtor had intentionally undervalued property by listing value for only one of two parcels); In re Bauer, 298 B.R. 353, 356 (8th Cir.BAP2003) (affirming a finding of bad faith where debtors substantially undervalued their home in schedules).”

Terry Bankert is a Flint Bankruptcy Attorney that offers a free first appointment to talk about your needs.

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1. BANKRUPTCY FACTOID-In re McLain, 2008 WL 274403 (5th Cir 2008):
2. “Chapter 7 debtors who allegedly failed to disclose funds on hand when bankruptcy petition was filed and then used funds, or portion of funds, to make first premium payment on life insurance policy could not belatedly claim undisclosed funds as exempt, to prevent trustee from reaching policy proceeds for benefit of estate.”

There are many debt attorneys. There are few that offer our level of servcie.
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1. BANKRUPTCY FACTOID-In re McKain, 325 B.R. 842, 851 (Bankr. D. Neb. 2005):
2. “Both the debtor and her attorney share the responsibility for the current situation. They each had a duty to make sure the schedules and statement of financial affairs were correct, and they each dropped the ball. This issue takes on even greater significance in light of the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, most of which takes effect in October 2005. Under the provisions of the new law, counsel’s signature on a petition constitutes a certification that the attorney has no knowledge, after an inquiry, that the information in the schedules filed with the petition is incorrect. 11 U.S.C. §707(b)(4)(D). Attorneys may be subject to assessment of a civil penalty for signing a document without conducting a reasonable inquiry into the underlying facts. §707(b)(4)(B).

The Flint Bankruptcy Court is located downtown.
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1. BANKRUPTCY FACTOID-In re Gutierrez, 356 B.R. 496 (Bankr. N.D. Cal. 2006) (attorney violated provision of the BAPCPA by failing, within three days after meeting with debtor-client to discuss possibility of filing bankruptcy petition, to provide debtor-client with Bankruptcy Truthfulness Notice.” Accordingly, disgorgement of fees was ordered.)

You may not find free attorney. But a good office will provide you with information to help you decide on Bankruptcy.
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1. BANKRUPTCY FACTOID-In re Gordon, 2008 WL 2901583 at *3 (Bankr. D. Md. 2008) (The debtor’s attorney has a duty “that the [debtor’s] papers were to the best of Counsel’s knowledge, information and belief formed after an inquiry reasonable under the circumstances.”).

Terry Bankert is one of the bankruptcy lawyers in Flint Michigan
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1. BANKRUPTCY FACTOID-In re Barrows, 399 B.R. 506 (Bankr. D. Minn. 2009), aff’d, Barrows v. Christians (In re Barrows), 408 B.R. 239 (B.A.P. 8th Cir. 2009) (Trustee objected to debtors’ claim of exemption for money in checking account. Although the debtors knew they had $13,900 in the account they scheduled only $325. The court held the debtors acted in bad faith when they knowingly understated their accounts. The omissions were false and material and bar the exemption of the funds. The court found that neither the debtors nor their attorney made any attempt to ensure the schedules were accurate. Debtors bear an independent duty to provide accurate and complete information whether or not they have been assisted by counsel in preparing schedules. However, the court went on to find that the debtors’ attorney clearly contributed to the problem and could have avoided it. The attorney failed to ask the debtors questions that would have elicited the correct information, failed to verify the account balances and failed to stress the need to disclose changes to their financial situation. The attorney also allowed weeks to pass before filing. The attorney should have asked but ultimately the responsibility to be accurate falls on the debtors. )

If  you have additional questions please call 235-1970 or contact through http://attorneybankert.com

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