Hide Mark to the Bankruptcy Agreement

Aug 6th, 2022
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How to Hide Mark to the Bankruptcy Agreement

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good afternoon im attorney lee pearlman i want to talk to my family law friends and colleagues about how to bankruptcy proof your divorce settlement right now first let me lay a little groundwork for everyone bankruptcy code section 523 a15 i know i promise this will be the only bankruptcy code section i cite in this video simply provides that debts incurred during the course of divorce are non-dischargeable in chapter 7 and 11. but a chapter 13 is different a chapter 13 bankruptcy is more expansive so it can discharge any non-support obligations associated with divorce unlike 7 and 11. family lawyers are most at risk when they are drafting marital settlement agreements we see it all the time or court judgments that direct one spouse to pay or indemnify another spouse in the future the spouse assigning the obligation or what we say as doing the directing thats the creditor spouse this is the spouse who needs to be cautious and careful some examples of clauses that could be subject to

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Do not try to hide bank accounts from the trustee because youre afraid of what theyll do with the information. This is a good way to get charged with bankruptcy fraud, a criminal charge which can lead to serious jail time, as well as steep fines.
Under federal law, anyone who fails to disclose an asset they own may potentially be charged with hiding assets in bankruptcy. The hiding of assets, fraudulent oaths and claims, and bribery are all federal felonies under 18 U.S.C. 152.
The ways a debtor might try to hide their assets include: Transferring or disposing assets before bankruptcy. For example, if someone owns an expensive second vehicle that they dont want to lose, they may try to quickly transfer it into someone elses name or make it seem as if they disposed of it or got rid of it.
Exempt and nonexempt assets Some assets are exempt from bankruptcy proceedings. Federal exemptions exclude certain assets from liquidating, and many states have unique exemptions. These exemptions can include clothing, tools needed for work or health-related purposes and other assets.
Unsecured debt including credit cards, loans and overdrafts are included in sequestration, as well as arrears on household debts such as utility bills and council tax. Any debt secured on an asset is not included. Nor are student loans, Child Maintenance payments, fines or overpayment of benefits.
No matter how important the card might be, excluding debt is not an option when you file for Chapter 7 bankruptcy. Bankruptcy law requires you to list all of your debt on your bankruptcy petition, without exception. In other words, if you owe a creditor money, the creditor must appear on your petition.

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