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  1. #1
    Join Date
    Oct 2010
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    2

    Default Bankruptcy Perjury and its Consequences

    My question involves bankruptcy in the state of: Pennsylvania

    A year and a half ago I went into Chapter 13 Bankruptcy. When I filled out the petition I did not indicate that one of my debts had a co-signer and that my co-signer is the primary person who pays off the account. I thought saying the account didn't have a co-signer who actually pays on the account would help my bankruptcy go through and I figured this would help prove my "debt burden" as it adds another $10,000 in debt. My co-signer was never informed that I went into bankruptcy. About 6 months ago my co-signer noticed that the payments he was making on the account were not showing up on his credit report and the account itself doesn't appear on his credit at all now. He contacted the debtor to inquire about this and they had informed him that I put the account into bankruptcy. He then called to ask me what was going on and I had to tell him about it. Flash forward to last month and I have received notice that the debtor is challenging the validity of the bankruptcy due to bankruptcy perjury and I must have a hearing. They claim that I have committed perjury because Indicated I was the only borrower on this account and indicated that I have no co-debtors. Should I be worried? What should I do?

    Also, after the bankruptcy I received a settlement of $2,000 in small claims court due to a neighbor dispute. Was I required to inform the court of this income? Can they find this out now since I have to go to a hearing?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Did I Committ Bankruptcy Perjury What Can Happen

    Should I be worried?
    of course you should be worried. Anytime you lie on an official court document is reason to worry.

    What should I do?
    If you used an attorney for your BK, contact that attorney. If you didn't use an attorney, find one.

    Also, after the bankruptcy I received a settlement of $2,000 in small claims court due to a neighbor dispute. Was I required to inform the court of this income? Can they find this out now since I have to go to a hearing?
    what did your order say to future income?

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Did I Committ Bankruptcy Perjury What Can Happen

    Quote Quoting jk
    View Post
    of course you should be worried. Anytime you lie on an official court document is reason to worry.

    Is this grounds to dismiss my bankruptcy? If that happens will it effect all of my other debts? Is there a specific statute in this regard?

    If you used an attorney for your BK, contact that attorney. If you didn't use an attorney, find one.

    I did use an attorney however, I did not tell the attorney about the co-signer either. As far as he knows the debt is my own. I didn't this it was that big of an issue and didn't think anyone can find out.

    what did your order say to future income?
    Well each year I have to send in my tax documents for review by the trustee. I'm looking for specific information in my paperwork about future income.

    Also, how can this effect the co-signer? Should I inform him of what is going on? What kind of legal consequences do I face? I found some information online that says you could go to jail for this. Is that true? I'm getting very worried

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Did I Committ Bankruptcy Perjury What Can Happen

    Well each year I have to send in my tax documents for review by the trustee.
    presumably you reported this on your tax filing so it would be covered, right?


    Also, how can this effect the co-signer? Should I inform him of what is going on?
    If you had somebody that was good enough to you to be willing to co-sign for you, I would think you would want to let him know what was happening. For some reason, the creditor ignored the fact there was a co-signer. I suspect it was based on you stating things as you did and they simply did not double check their records. That is their fault but you lying is yours.

    Jail is a possibility for such actions but generally not realistic. You would more likely be fined and maybe have your BK discharged but it is up to the courts.

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