About Me
“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
Reading the Bankruptcy Petition
Posted on
Reading the bankruptcy petition before signing it is very important!
Written by Craig D. Robins, Esq.
While waiting for my bankruptcy cases to be called, I always observe the hearings that are heard before mine. Lately I’ve seen a lot of debtors who were represented by other attorneys get into trouble because they neglected to read their bankruptcy petitions and were unaware of factual errors or omissions that they contained.
A completed bankruptcy petition is rather lengthy and probably not the most exciting material to read. However, by signing it, you are indicating that you not only read it, but that all information therein is true and correct. Each bankruptcy hearing at the meeting of creditors begins with the trustee asking the debtor if they read the bankruptcy petition before having signed it, and if everything in the petition is true and correct.
I can’t tell you how many times I’ve seen trustees getting very upset at debtors because their petitions weren’t accurate. Debtors would tell the trustee, “I don’t know how that information got in there, because it’s not correct,” only to later admit they neglected to read the petition. When important information if missing from the petition which could have been easily caught, the debtor’s credibility is greatly reduced. In a worse-case scenario, the trustee can allege that the debtor was engaging in fraudulent and deceptive conduct.
This is why I insist that my clients read every page of their petition before signing it. Clients sometimes say, “I trust you; I know you did a good job in preparing the papers; I don’t have to read them.” That doesn’t fly in my office. Every client must read their petition and understand it.
Remember, by signing the petition, you are representing to the court that you have read it and that the contents of it are true. Bankruptcy provides great benefits. Don’t squander them by being lazy or careless.
