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:
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.