Perjury and Bankruptcy

Bankruptcy Attorney Columbus Georgia

There are many reasons that can be attributed to dismissal of a bankruptcy petition. The most common among them are incomplete petition, fraudulent details, type of debts incurred and hiding of assets etc. But the most serious reason for a dismissal of a bankruptcy case is perjury.

What is Perjury?

Perjury is making false statements under oath with the full intention and understanding of doing so. The person making them should be aware that the statement made by him is false and he should be under oath while making them. Intentional elucidation of falsehood in court when under oath is a serious offense and is punishable under the law.

Perjury can occur at any time during course of bankruptcy case. It can occur during hearing or any proceeding where person has to testify under oath. It usually occurs when questioning of witness is done by creditors and trustee.  Any type of false information provided is considered as perjury. Thus any discrepancy in terms of revelation of assets, liabilities, circumstances etc can be perjury. Even omission of facts can be considered as perjury.

Perjury can cause dismissal of bankruptcy case and debtor’s right to debt discharge is denied. In some cases, the administration of case proceeds and assets are sized and liquidated for paying the creditors. Debtors who are charged with perjury can be faced with criminal penalties. The common penalty includes fines and imprisonment. Criminal charges have records and it is best to avoid such situations.

Bankruptcy laws are very complex and confusing. It is best to proceed under legal guidance from a competent bankruptcy attorney. Bankruptcy cases require the filling of many forms requiring details and preparation of various legal documents which carry a lot of importance. The forms have to contain accurate information and have to be completely filled. They should be completely filled referring valid documents regarding bank accounts, address, income, debts owed, creditors etc.

Even unintentional mistakes can be brought to fore and you would have to prove your innocence.

Similar is the case with assets. You should check all your documents to ensure that you have revealed all assets and are not hiding anything from the bankruptcy court. Any kind of inheritance or gifts received during course of bankruptcy proceedings also should be brought to the court’s notice. If you are married, make sure that all your spouse’s assets are also mentioned in the petition in case of joint filing.

All investments and income should be proved by documentations in support. Your regular income should be supported with pay stubs and employer certificates. The law is very stringent and wants to ensure that you really deserve the discharge of your debts prior to granting it.

If you are searching for Columbus GA bankruptcy attorney or interested in Chapter 7 or Chapter 13 even need a Bankruptcy lawyer, then we can help.

Our Chapter 7 - Chapter 13 bankruptcy law firm is based in Columbus, GA. Our bankruptcy lawyers handle debt relief cases in and around Columbus Georgia.

For a consultation with a lawyer, call now.