Can I get my bankruptcy documents from my lawyer?
Your situation is somewhat complex, but I guess my first question is why isn’t your bankruptcy attorney helping you? Generally, you probably shouldn’t be in this position in the first place. In any event, let’s address the basic issue; if an asset is non-exempt, then it is forever part of the bankruptcy estate and the trustee can keep a bankruptcy case open indefinitely (theoretically).
How long should I Keep my bankruptcy documents?
Sep 14, 2021 · Records To Keep Indefinitely Store personnel-related payments and associated documents, such as workers compensation, pension records and employee income tax withholdings, for as long as you can. If a past company employee files for unemployment benefits, applies for a new job, or has questions dating back to his time of employment, having ...
What happens to unpaid debts after bankruptcy?
Jan 15, 2019 · Even though your bankruptcy petition, documents, and discharge seem like financial documents that could fall under the same timeline as your tax docs, they are NOT. They are far more important and should be kept indefinitely. Why Keep Bankruptcy Papers Forever? Creditors might come back and try to collect on a debt that was part of the bankruptcy.
How long can a lawyer keep closed client files?
Jun 09, 2020 · DIGEST: With certain important exceptions, a lawyer has no ethical duty to retain closed client files (or other documents held by the lawyer owned by third parties) for an indefinite period when neither the client nor the third party requests their return. The exceptions are original documents of intrinsic value such as wills, deeds, or negotiable instruments, as well as …
What is the longest lasting consequences of filing for bankruptcy?
Bankruptcy may help you get relief from your debt, but it's important to understand that declaring bankruptcy has a serious, long-term effect on your credit. Bankruptcy will remain on your credit report for 7-10 years, affecting your ability to open credit card accounts and get approved for loans with favorable rates.
Can a bankruptcy filing be reversed?
Once a bankruptcy case is filed, whether Chapter 7 or Chapter 13, it cannot be completely reversed and will appear on a credit report for 7 to 10 years whether or not the case is actually completed.
What are the rules regarding repeat bankruptcy filings?
A debtor generally can file a second bankruptcy at any time if they did not receive a discharge in the first bankruptcy case. However, if you file two cases close together, the automatic stay may not apply to prevent creditors from collecting on your debts.Oct 18, 2021
Can you reopen a bankruptcy case after discharge?
A chapter 7 bankruptcy case can be reopened after discharge and case closure under certain circumstances. Bankruptcy Code §350(b) authorizes the bankruptcy court to reopen a case for various reasons, including to "administer assets, to accord relief to the debtor, or for other cause." Fed.
What debts Cannot be discharged in bankruptcy?
8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...
What debts are not dischargeable in Chapter 7?
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.
What happens if I declare bankruptcy a second time?
Much like first bankruptcies, second bankruptcies are public record and will remain on your credit report for up to 10 years. This means that you may have two bankruptcies on your credit report simultaneously depending on how long you wait between filings.Jan 26, 2022
Can you declare bankruptcy twice?
You can file for bankruptcy twice or even three times, even if you have received a discharge. The key is that you will often have to wait a certain period after you have filed and have received a discharge, to file for bankruptcy again and get a full discharge.May 14, 2014
Can I file bankruptcy after 7 years?
Once you've opted for this approach to wiping out debts, there are limits surrounding when you can file again. If you've used Chapter 7 bankruptcy specifically to discharge debts in the past, you must wait eight years before filing another Chapter 7 case.Aug 17, 2021
Can creditors come after you after bankruptcy?
Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.Oct 25, 2017
Why would a Chapter 7 be reopened?
Reasons You Might Want to Reopen Your Bankruptcy Most debtors will ask the court to reopen their bankruptcy if they: accidentally forgot to disclose all of their assets. want to add a debt they forgot to list. wish to file a motion to avoid a judgment lien.
What happens after your bankruptcy is discharged?
Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn't necessarily apply to all of the debt you owe.Oct 24, 2021
Retention of Documents with Wet Ink Signatures
- One vestige of our bankruptcy system holding onto the past is a combination of requiring, (i) debtors’ wet ink signatures on paper documents, and (ii) a multi-year retention of documents signed in wet ink. Retention of documents over multiple years creates serious problems. For a debtor attorney who...
Prosecution Rationale and Its Problems
- Why are multi-year document retention requirements imposed in bankruptcy for original documents bearing wet ink signatures? Here’s why: “The primary rationale . . . is to preserve evidence for any subsequent criminal prosecutions involving bankruptcy fraud or other bankruptcy-related crimes.” [Fn. 1] To further this rationale, a suggested approach in recent year…
Debtors’ Digital Signatures—To The Rescue
- Current technology provides a highly secure and efficient solution to document retention problems. When debtors are allowed to sign bankruptcy documents digitally (using a highly secure technological process), document retention problems evaporate. Here’s how: 1. The technological signing system saves the signed document for as long as needed; 2. The technolo…
Solutions to Document Retention Problems
- –Debtors’ digital signatures
The first solution is this: authorize debtors to sign their bankruptcy petitions and schedules digitally. Under such a system, the problems of compliance with document retention rules evaporate: the highly secure technological system saves the signed document—and can retriev… - –Scan the document signed in wet ink and save it electronically
A second solution is for debtor’s attorney to scan the original document bearing a wet ink signature and save the image electronically. A corresponding good practice for debtor attorneys might be this: 1. when filing a document bearing debtor’s wet ink signature, always use a scanne…
A Counterpoint / Answer on Scanned Documents
- One objection to scanning documents signed in wet ink, rather than retaining them, is this: 1. How will prosecutors defend against a claim that the scanned signature is forged, because hand-writing experts might have difficulty using a scanned signature alone? For signatures on a debtor’s petition and schedules, an effective answer is already in place: 1. It is standard practice…
The Nebraska Example
- On February 5, 2018, Hon. Thomas L. Saladino, Chief Judge of the Nebraska Bankruptcy Court, amended Nebraska’s local rule 9011-1to update and upgrade the Court’s documents retention policies. The essence of the amended policies appears in subparts C and D of local rule 9011-1 like this: “C. Any electronically filed document containing “/s/” for a debtor or non-filing party . . . …
Conclusion
- The problems of multi-year retention of bankruptcy documents bearing a debtor’s wet ink signature are real—and substantial. Fortunately, developments in technology, including highly secure signature systems, are providing solutions to such problems—and need to be embraced by the bankruptcy system. ———————————- Footnote 1: Molly T. Johnson, Bankruptcy Court Rul…
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