+ Reply to Thread
Results 1 to 6 of 6
- 05-11-2009 03:24 PM #1
Junior Member
- Join Date
- May 2009
- Posts
- 1
- Rep Power
- 0
lying about your parent as a creditor?
Just want to know that if you file for personal bankruptcy and submit all creditors except your mother that lend you alot of money to start a business, is this legal in canada and if you get caught what can happen to this person?
The person that filed for personal bankruptcy took this loan from his mother and signed a promissory note along with another family member but never told the family member that he filed for bankruptcy.
bottom line, can you leave out a parent that is a creditor to protect them and if you get caught what happens next?
thanks
- 05-11-2009 07:20 PM #2
Member
- Join Date
- Mar 2009
- Posts
- 55
- Rep Power
- 3
You said Canada, but in the US, that is bankruptcy fraud. When you file a bankruptcy petition in any civilized country (Canada included) you sign the BK petition under penalty of perjury.
Also, one effect of the failure to list a creditor in the US is that you do not receive a discharge with respect to that creditor, but it doesn't sound like you care about that very much...Cool article: Can Bankruptcy Stop Foreclosure? | Riverside Bankruptcy Lawyer
- 07-24-2010 02:54 AM #3
Banned
- Join Date
- Jun 2010
- Posts
- 71
- Rep Power
- 0
A lender who takes an assignment of collateral has a claim on the borrower's assets, whereas a lender who lends on the strength of a borrower's character can look only to the borrower's future income.
- 09-29-2010 02:01 AM #4
Member
- Join Date
- Aug 2009
- Posts
- 34
- Rep Power
- 0
That is a bankruptcy fraud from what i perceive from it. You should consult someone having knowledge in this field.
Last edited by loanmod; 10-07-2010 at 01:27 AM.
- 10-12-2010 07:57 PM #5
Member
- Join Date
- Oct 2010
- Posts
- 39
- Rep Power
- 0
It is fraud and if caught you may get the opportunity to modify, or the bankruptcy will be voided. It is pretty common for people to not disclose family loans.
www.bidsfromlawyers.com
- 04-28-2011 01:59 PM #6
Junior Member
- Join Date
- Jan 2011
- Posts
- 13
- Rep Power
- 0
Bankruptcy petitions are signed under penalty of perjury. Intentionally not listing a creditor could be prosecuted as a bankruptcy crime. More important for your situation, however, is that creditors who do not receive notice are usually not discharged.
Bankruptcy Attorney Houston



LinkBack URL
About LinkBacks



Reply With Quote
Bookmarks