• Subscribe
  •  

    November 2009
    M T W T F S S
    « Oct    
     1
    2345678
    9101112131415
    16171819202122
    23242526272829
    30  

Signature on the Line

Bankruptcy discharge, How bankruptcy works

Wish I had a buck for every time a client has told me, “Yes, I signed it, but I didn’t read it”. This is usually delivered as though the signature had no meaning if it wasn’t coupled with reading. Unfortunately, it isn’t so.

Why does the Bankruptcy Code require the debtor to sign the documents filed to initiate the case? First, the signature serves to identify the person who is taking this action. Signatures are unique, or nearly so. The signature then allows us to determine that the person who signed is the same person as the one whose name is on the schedules. [ Some areas of the country actually have a problem with cases filed in the name of a person, without the person's knowledge or involvement.]
More significantly, the signature of the debtor serves to authenticate the information in the bankruptcy schedules. It is the debtor’s shorthand way of saying “the contents of this document are true”.

This becomes important in bankruptcy cases if there is a claim that the debtor misstated or omitted something. The signature, right below the declaration that the document is signed under penalty of perjury, commits the debtor to that version of the facts.

This is not to say that innocent errors cannot be corrected once the schedules are filed; schedules are amended all the time, usually without challenge. The lack of challenge however, is generally related to the magnitude of the change presented in the amended schedule: try telling the court you “forgot” about the two carat diamond ring or the power boat, and you may have credibility problems.

My experience is that most omissions in the schedules come about because the debtor doesn’t take the time to both read, and think, about the question asked and the answer proposed by counsel. Carelessness about the completeness of the schedules at best increases the cost of a bankruptcy proceeding; at worst, puts the discharge at risk.
Bankruptcy is a serious step, which should return a significant benefit to the debtor. It is worth the time to read before you sign.

1 Comment

Leave a Reply

You must be logged in to post a comment.