Monthly Archives: August 2016

How will my bankruptcy attorney know if I filed bankruptcy before (or can I lie to him)?

We look it up, and we will know.

Today I had a potential client with a foreclosure sale on his home later this afternoon.  I don’t like to take this kind of case, but he had cash, and I was willing to listen.

I asked if he had filed bankruptcy before and explained that if you file bankruptcy more than twice in a year, that number 3 is not going to stop the foreclosure sale.  (Yes, here are some exceptions, but the bankruptcy laws generally discourage frequent filers).  So, I asked if he had filed bk before, and he said no.

I called up the Utah Bankruptcy Court and gave them his social security number to verify if/how many times he had filed before.  I also looked him up on PACER.  I found this:

dont lie

Not only had he filed before, but he had been BARRED from refiling for abuse of the bankruptcy system!  Apparently this had slipped his mind, even though it only happened 3 months ago.

I said that I would not take the case.

Most things show up on a PACER search or a credit report, so it all comes out in the wash at the end.  It is also a good idea to be honest with your attorney, since neither of you want to face fraud/perjury on your federal court documents.