Common Property Interests that Require Complete Disclosure During Bankruptcy

TRI Writer • June 26, 2019

Are you filing for bankruptcy in Tennessee or Georgia ? Do you know what property you are required to disclose for a Chapter 7 filing ? The answer is straightforward. You must disclose all your property. While the bankruptcy process was designed to protect you and your property, to access the protection it offers, you must disclose every asset and every debt to the best of your knowledge. Complete disclosure is essential; without it, the bankruptcy court may dismiss the case entirely.

At the meeting of creditors, bankruptcy petitioners are usually asked if they are telling the truth. You may even hear the phrase “under penalty of perjury” to remind you that hiding assets during bankruptcy is a federal bankruptcy law violation with severe consequences.

Common Property Interests that Require Full Disclosure Include: property received through an inheritance, gifts from friends or family, bonuses or commissions, property that someone else paid for, property or assets that have no paper trail, any claims you have for money or settlements (personal injury claims or lawsuits), assets you sold or gifted during the four years preceding bankruptcy filing, possible inheritance, accounts of real estate owned by family members with your name on it, property that will be issued to you in a divorce settlement, personal debts owed to you by friends or family members, etc.

When filing for bankruptcy , your petition must list all your property alongside all your debts.

The majority of people filing for bankruptcy are hardworking, honest Americans who don’t have many options left. If you are filing for bankruptcy, make sure you provide full disclosure of all your property and all your debts to your bankruptcy attorney.

Need to file a Tennessee or Georgia bankruptcy ? Get in touch with the experienced bankruptcy attorneys at the law offices of Kenneth C. Rannick P.C. today. We help good people through bad times every day, and we can help you, too.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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