Expert: Terry Leeders - 4/21/2008

Question
What are the implications to my husband if he goes to an attorney and asks to open his discharged bankruptcy and admit that he put an amount on there owed to his ex that was not true?  BTW, the attorney that filed it originally "advised" him to do that.  He had this discharged a couple of years ago.  Can he do it?  What kind of trouble is he looking at if he does?  I was told that the judge would ask for the money back that was given to his ex and then be distributed the way the judge sees fit.  True or not true?

THANK YOU!!!

Answer
bankruptcy documents are filed 'under oath' so he must tell the truth, otherwise he is subject to federal fines and jail for perjury.  If a debtor paid one creditor just before filing, the trustee can possibly go after that money if it was within a certain time and certain amount.  It may also depend on what the money was paid for.