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  1. #1
    bluenote23 is offline Junior Member bluenote23 is on a distinguished road
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    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

  2. #2
    ThunderCow is offline Member ThunderCow is on a distinguished road
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    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...

  3. #3
    Callista Gail is offline Banned Callista Gail is on a distinguished road
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    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.

  4. #4
    loanmod is offline Member loanmod is on a distinguished road
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    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.

  5. #5
    EastCoastLaw is offline Member EastCoastLaw is on a distinguished road
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    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

  6. #6
    Bankrupty Lawyer is offline Junior Member Bankrupty Lawyer is on a distinguished road
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    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

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