Failing to Disclose A Civil Claim Could Mean Dismissal of Your Bankruptcy Filing


Providing accurate information at the outset of filing for bankruptcy is extremely important for protecting your interests and showing the court that you have been upfront and honest. Many new debtors who are trying to make a go of this process on their own, without the help of an experienced bankruptcy attorney could be exposing themselves to serious problems.

Failing to disclose a civil claim in your bankruptcy filing could actually lead to dismissal of your case. Given that someone who had been contemplating bankruptcy has probably spent a great deal of time arriving at this decision, it is important to realize how all of the materials you provide – as well as your upfront disclosure of other crucial cases – is vital towards protecting your right to receive the benefits of bankruptcy. When you file for bankruptcy, you must make a sworn disclosure about your assets and your debt, including any civil claims that are currently pending and any lawsuit that you may have filed against someone else. In these disclosures, a plaintiff may omit the lawsuits or claims, but the plaintiff can take inconsistent positions about whether or not such a claim exists.

The laws that may require that your case is dismissed from bankruptcy if you engage in this behavior have to do with the fact that some people – who are filing lawsuits or are attempting to receive the benefits of bankruptcy – may be adjusting the disclosure information that they provide to suit the circumstances of the moment.

In order to avoid these kinds of problems, it is pertinent to schedule a consultation with an experienced bankruptcy lawyer who can help you walk through the process and prepare comprehensive information about the materials that you need in order to submit your bankruptcy claim. Having all of your facts correct and in order as well as being prepared (in addition to hiring a knowledgeable bankruptcy attorney) can increase your chances of benefiting from all of the advantages of filing for bankruptcy without running the risk of compromising your ability to pursue bankruptcy benefits in the future.

If you need further information about filing for bankruptcy, schedule a consultation today with Spivack Law by calling 856-488-1200 or by filling out our convenient online contact form.

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Attorney Joel R. Spivack is an experienced bankruptcy and residential real estate transactions lawyer in Cherry Hill, New Jersey. Clients come to us for legal services, but what we really provide is peace of mind. For more than 30 years, Attorney Spivack has helped people make wise, informed decisions about bankruptcy filings, debt relief options and residential real estate transactions.
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